By Goolsby H.B. No. 20 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to liability for damages arising from the maintenance or 1-3 use of certain parking areas and pedestrian pathways. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 4, Civil Practice and Remedies Code, is 1-6 amended by adding Chapter 88 to read as follows: 1-7 CHAPTER 88. PARKING AREAS AND PEDESTRIAN PATHWAYS 1-8 Sec. 88.001. DEFINITIONS. In this chapter: 1-9 (1) "Economic damages" means damages for pecuniary 1-10 loss, including damages for loss of or damage to property and 1-11 damages for lost wages, loss of earning capacity, expenses for 1-12 medical care, and burial expenses. 1-13 (2) "Exemplary damages" has the meaning assigned by 1-14 Section 41.001. 1-15 (3) "Noneconomic damages" means damages for loss other 1-16 than pecuniary loss, including pain and suffering and mental 1-17 anguish. 1-18 (4) "Parking area" means property provided free of 1-19 charge for the parking of vehicles. 1-20 (5) "Pedestrian pathway" means any area, including a 1-21 parking area or sidewalk, provided free of charge for pedestrian 1-22 use. 1-23 Sec. 88.002. LIABILITY. A person who operates, leases, 2-1 owns, or controls, or assumes the control, in whole or in part of a 2-2 parking area or pedestrian pathway is liable for damages for 2-3 personal injury, death, or property damage arising from the 2-4 maintenance or use of the area or pathway only if the damages were 2-5 proximately caused by the person's negligence or gross negligence. 2-6 Sec. 88.003. ECONOMIC DAMAGES ONLY. A person liable under 2-7 Section 88.002 is liable only for economic damages and is not 2-8 liable for noneconomic or exemplary damages. 2-9 Sec. 88.004. EXCEPTION; INTENTIONAL ACT. This chapter does 2-10 not apply to damages arising from an intentional act of a person 2-11 who operates, leases, owns, or controls a part of a parking area or 2-12 pedestrian pathway. 2-13 Sec. 88.005. SOVEREIGN IMMUNITY NOT WAIVED. This chapter 2-14 does not waive the sovereign immunity of a governmental entity to 2-15 an extent greater than that provided for under Chapter 101. 2-16 SECTION 2. This Act takes effect September 1, 1993, and 2-17 applies only to a cause of action that accrues on or after that 2-18 date. An action that accrued before the effective date of this Act 2-19 is governed by the law in effect at the time the action accrued, 2-20 and that law is continued in effect for that purpose. 2-21 SECTION 3. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended.