By Park, Craddick H.B. No. 451
74R2343 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the liability of a governmental unit to persons
1-3 entering the premises of the governmental unit for recreational
1-4 purposes.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 101.022, Civil Practice and Remedies
1-7 Code, is amended to read as follows:
1-8 Sec. 101.022. DUTY OWED: PREMISE AND SPECIAL DEFECTS.
1-9 (a) Except as provided by Subsection (c), if <If> a claim arises
1-10 from a premise defect, the governmental unit owes to the claimant
1-11 only the duty that a private person owes to a licensee on private
1-12 property, unless the claimant pays for the use of the premises.
1-13 (b) The limitation of duty in Subsection (a) <this section>
1-14 does not apply to the duty to warn of special defects such as
1-15 excavations or obstructions on highways, roads, or streets or to
1-16 the duty to warn of the absence, condition, or malfunction of
1-17 traffic signs, signals, or warning devices as is required by
1-18 Section 101.060.
1-19 (c) If a claim arises from a premise defect on real property
1-20 used for recreation, including a park, the governmental entity:
1-21 (1) does not assure that the premises are safe for
1-22 that purpose;
1-23 (2) owes to the claimant only the duty that a private
1-24 person owes to a trespasser on the premises; and
2-1 (3) does not assume responsibility or incur liability
2-2 for any injury resulting from a premise defect caused by an act of
2-3 any person other than the governmental entity.
2-4 (d) Subsection (c) applies without regard to whether a
2-5 claimant pays a specific charge for entry to the premises.
2-6 SECTION 2. Section 75.003, Civil Practice and Remedies Code,
2-7 is amended by adding Subsection (e) to read as follows:
2-8 (e) This chapter does not affect the liability of a
2-9 governmental unit as that term is defined by Section 101.001.
2-10 SECTION 3. This Act takes effect September 1, 1995, and
2-11 applies only to a cause of action that accrues on or after that
2-12 date. A cause of action that accrued before the effective date of
2-13 this Act is governed by the law in effect at the time the cause of
2-14 action accrued, and that law is continued in effect for that
2-15 purpose.
2-16 SECTION 4. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.