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.