By Corte H.B. No. 167 74R1511 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the ability to recover damages for injuries sustained 1-3 after entering residential or business property with the intent to 1-4 commit a felony or theft. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Title 4, Civil Practice and Remedies Code, is 1-7 amended by adding Chapter 87 to read as follows: 1-8 CHAPTER 87. LIABILITY FOR INJURIES SUSTAINED AFTER 1-9 ENTERING PROPERTY WITH CRIMINAL INTENT 1-10 Sec. 87.001. DEFINITIONS. In this chapter: 1-11 (1) "Business property" means a structure, vehicle, or 1-12 real property that is used for commercial purposes and the real 1-13 property on which the structure or vehicle is located. The term 1-14 includes: 1-15 (A) each separately secured portion of a 1-16 structure or vehicle; and 1-17 (B) each structure appurtenant to or connected 1-18 with the structure or vehicle and under the legal control of the 1-19 defendant. 1-20 (2) "Claimant" means a party, including a plaintiff, 1-21 counterclaimant, cross-claimant, or third-party claimant, seeking 1-22 recovery of damages. 1-23 (3) "Defendant" means a party, including a 1-24 counterdefendant, cross-defendant, or third-party defendant, from 2-1 whom a claimant seeks damages. 2-2 (4) "Habitation" means a structure or vehicle that is 2-3 adapted for the overnight accommodation of persons and includes: 2-4 (A) each separately secured or occupied portion 2-5 of the structure or vehicle; and 2-6 (B) each structure appurtenant to or connected 2-7 with the structure or vehicle. 2-8 (5) "Residential property" means a habitation or the 2-9 real property on which the habitation is located. 2-10 Sec. 87.002. RECOVERY OF DAMAGES PROHIBITED. A defendant is 2-11 not liable for damages for an injury if the defendant shows, by a 2-12 preponderance of the evidence, that: 2-13 (1) the claimant sustained the injury while on 2-14 residential or business property; 2-15 (2) the property was: 2-16 (A) owned by, leased to, or otherwise legally 2-17 under the control of the defendant; or 2-18 (B) business property and the defendant was the 2-19 owner or an employee of the business; 2-20 (3) the claimant entered the property without the 2-21 consent of the defendant; and 2-22 (4) the claimant entered the property with intent to 2-23 commit a felony or theft. 2-24 Sec. 87.003. DERIVATIVE CLAIMS. Section 87.002 applies to a 2-25 claim for damages made by a person whose right to recovery derives 2-26 from an injury to another person whose right to recovery would be 2-27 barred under Section 87.002, including a claim for wrongful death, 3-1 or for loss of consortium or companionship. 3-2 SECTION 2. Chapter 87, Civil Practice and Remedies Code, as 3-3 added by this Act, applies only to conduct that occurs on or after 3-4 the effective date of this Act. Conduct that occurred before the 3-5 effective date of this Act is governed by the law in effect at the 3-6 time the conduct occurred, and that law is continued in effect for 3-7 that purpose. 3-8 SECTION 3. The importance of this legislation and the 3-9 crowded condition of the calendars in both houses create an 3-10 emergency and an imperative public necessity that the 3-11 constitutional rule requiring bills to be read on three several 3-12 days in each house be suspended, and this rule is hereby suspended, 3-13 and that this Act take effect and be in force from and after its 3-14 passage, and it is so enacted.