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.