74R10682 DAK-D
          By Turner of Coleman                                  H.B. No. 2085
          Substitute the following for H.B. No. 2085:
          By Culberson                                      C.S.H.B. No. 2085
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the liability of certain private and governmental
    1-3  owners of agricultural land used for recreation.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 75.001, Civil Practice and Remedies Code,
    1-6  is amended by adding Subdivision (4) to read as follows:
    1-7              (4)  "Governmental unit" has the meaning assigned by
    1-8  Section 101.001.
    1-9        SECTION 2.  Section 75.003, Civil Practice and Remedies Code,
   1-10  is amended by amending Subsection (c) and adding Subsections (e),
   1-11  (f), and (g) to read as follows:
   1-12        (c)  Except for a governmental unit, this <This> chapter
   1-13  applies only to an owner, lessee, or occupant of real property who:
   1-14              (1)  does not charge for entry to the premises; <or>
   1-15              (2)  charges for entry to the premises, but whose total
   1-16  charges collected in the previous calendar year for all
   1-17  recreational use of the entire premises of the owner, lessee, or
   1-18  occupant are not more than twice the total amount of ad valorem
   1-19  taxes imposed on the premises for the previous calendar year; or
   1-20              (3)  has liability insurance coverage in effect on an
   1-21  act or omission described by Section 75.004(a) and in the amounts
   1-22  equal to or greater than those provided by that section.
   1-23        (e)  Except as otherwise provided, this chapter applies to a
   1-24  governmental unit.
    2-1        (f)  This chapter does not waive sovereign immunity.
    2-2        (g)  To the extent that this chapter limits the liability of
    2-3  a governmental unit under circumstances in which the governmental
    2-4  unit would be liable under Chapter 101, this chapter controls.
    2-5        SECTION 3.  Chapter 75, Civil Practice and Remedies Code, is
    2-6  amended by adding Section 75.004 to read as follows:
    2-7        Sec. 75.004.  LIMITATION ON MONETARY DAMAGES FOR PRIVATE
    2-8  LANDOWNERS.  (a)  Subject to Subsection (b), the liability of an
    2-9  owner, lessee, or occupant of land for an act or omission by the
   2-10  owner, lessee, or occupant relating to the premises that results in
   2-11  damages to a person who has entered the premises is limited to a
   2-12  maximum amount of $500,000 for each person and $1 million for each
   2-13  single occurrence of bodily injury or death and $100,000 for each
   2-14  single occurrence for injury to or destruction of property.
   2-15        (b)  This section applies only to an owner, lessee, or
   2-16  occupant of land who has liability insurance coverage in effect on
   2-17  an act or omission described by Subsection (a) and in the amounts
   2-18  equal to or greater than those provided by Subsection (a).  The
   2-19  coverage may be provided under a contract of insurance or other
   2-20  plan of insurance authorized by statute.
   2-21        (c)  This section does not affect the liability of an insurer
   2-22  or insurance plan in an action under Article 21.21, Insurance Code,
   2-23  or an action for bad faith conduct, breach of fiduciary duty, or
   2-24  negligent failure to settle a claim.
   2-25        (d)  This section does not apply to a governmental unit.
   2-26        SECTION 4.  Subchapter C, Chapter 101, Civil Practice and
   2-27  Remedies Code, is amended by adding Section 101.058 to read as
    3-1  follows:
    3-2        Sec. 101.058.  LANDOWNER'S LIABILITY.  To the extent that
    3-3  Chapter 75 limits the liability of a governmental unit under
    3-4  circumstances in which the governmental unit would be liable under
    3-5  this chapter, Chapter 75 controls.
    3-6        SECTION 5.  This Act applies only to a cause of action that
    3-7  accrues on or after the effective date of this Act.  An action that
    3-8  accrues before the effective date of this Act is governed by the
    3-9  law applicable to the action immediately before the effective date
   3-10  of this Act, and that law is continued in effect for that purpose.
   3-11        SECTION 6.  The importance of this legislation and the
   3-12  crowded condition of the calendars in both houses create an
   3-13  emergency and an imperative public necessity that the
   3-14  constitutional rule requiring bills to be read on three several
   3-15  days in each house be suspended, and this rule is hereby suspended,
   3-16  and that this Act take effect and be in force from and after its
   3-17  passage, and it is so enacted.