By Patterson H.B. No. 803
74R4433 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the liability of a landowner for the acts of certain
1-3 persons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 75.002(a), Civil Practice and Remedies
1-6 Code, is amended to read as follows:
1-7 (a) An owner, lessee, or occupant of real property,
1-8 including agricultural land:
1-9 (1) does not owe a duty of care to a trespasser on the
1-10 land; and
1-11 (2) is not liable for any injury to a trespasser on
1-12 the land, except for wilful or wanton acts or gross negligence by
1-13 the owner, lessee, or other occupant of the real property
1-14 <agricultural land>.
1-15 SECTION 2. Section 75.003(c), Civil Practice and Remedies
1-16 Code, is amended to read as follows:
1-17 (c) Section 75.002(c) <This chapter> applies only to an
1-18 owner, lessee, or occupant of real property who:
1-19 (1) does not charge for entry to the premises; or
1-20 (2) charges for entry to the premises, but whose total
1-21 charges collected in the previous calendar year for all
1-22 recreational use of the entire premises of the owner, lessee, or
1-23 occupant are not more than twice the total amount of ad valorem
1-24 taxes imposed on the premises for the previous calendar year.
2-1 SECTION 3. This Act takes effect September 1, 1995, and
2-2 applies only to a cause of action that accrues on or after that
2-3 date. A cause of action that accrues before the effective date of
2-4 this Act is governed by the law in effect at the time the action
2-5 was commenced, and that law is continued in effect for that
2-6 purpose.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.