BILL ANALYSIS


                                                        H.B. 2085
                                       By: Turner, B. (Wentworth)
                                                    Jurisprudence
                                                          5-25-95
                              Senate Committee Report (Unamended)
BACKGROUND

Sections 75.001-75.004, Civil Practice and Remedies Code, provides
for the limited liability of owners, lessees, or occupants of
agricultural lands or real property when permission is granted to
another person to enter the premises for recreation.  The owner,
lessee, or occupant does not incur liability for any injury to any
individual if there is no charge for entry or if charges for entry,
collected in the previous calendar year, for all recreational uses
are not more than twice the ad valorem taxes on the property.

PURPOSE

As proposed, H.B. 2085 sets forth monetary limits to private
landowner liability, including provisions applying these limits to
governmental entities.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 75.001, Civil Practice and Remedies Code,
by adding Subdivision (4), to define "governmental unit."

SECTION 2. Amends Section 75.003, Civil Practice and Remedies Code,
by amending Subsection (c) and adding Subsections (e)-(g), as
follows:

     (c) Adds to the list of owners, lessees, and occupants to
     which this chapter applies a person, except for a governmental
     unit (unit), who has liability insurance coverage in effect on
     an act or omission described by Section 75.004(a) (coverage in
     effect) and in the amounts at least equal to those provided by
     that section.
     
     (e) Applies this chapter to a unit, except as otherwise
     provided.
     
     (f) Provides that this chapter does not waive sovereign
     immunity.
     
     (g) Provides that to the extent that this chapter limits the
     liability of a unit under circumstances in which the unit
     would be liable under Chapter 101, this chapter controls.
     
     SECTION 3.     Amends Chapter 75, Civil Practice and Remedies Code, by
adding Section 75.004, as follows:

     Sec. 75.004.  LIMITATION ON MONETARY DAMAGES FOR PRIVATE
     LANDOWNERS.  (a) Limits the liability of an owner, lessee, or
     occupant of land for an act or omission by the owner, lessee,
     or occupant relating to the premises that results in damages
     to a person who has entered the premises to $500,000 for each
     person and $1 million for each single occurrence of bodily
     injury or death and $100,000 for each single occurrence for
     injury to or destruction of property.
     
     (b) Applies this section only to an owner, lessee, or
       occupant of land who has coverage in effect in certain
       amounts.  Authorizes the coverage to be provided under a
       contract of insurance or other plan of insurance authorized
       by statute.
       
       (c) Provides that this section does not affect the liability
       of an insurer or plan in an action under Article 21.21,
       Insurance Code, or an action for bad faith conduct, breach
       of fiduciary duty, or negligent failure to settle a claim.
       
       (d) Provides that this section does not apply to a unit.
SECTION 4. Amends Chapter 101C, Civil Practice and Remedies Code,
by adding Section 101.058, as follows:

     Sec. 101.058.  LANDOWNER'S LIABILITY.  Provides that to the
     extent that Chapter 75 limits the liability of a unit under
     circumstances in which the unit would be liable, Chapter 75
     controls.
SECTION 5. Makes application of this Act prospective.

SECTION 6. Emergency clause.
           Effective date: upon passage.