By Turner of Coleman H.B. No. 2085
74R6804 DAK-F
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.
1-20 (e) Except as otherwise provided, this chapter applies to a
1-21 governmental unit.
1-22 (f) This chapter does not waive sovereign immunity.
1-23 (g) To the extent that this chapter limits the liability of
1-24 a governmental unit under circumstances in which the governmental
2-1 unit would be liable under Chapter 101, this chapter controls.
2-2 SECTION 3. Chapter 75, Civil Practice and Remedies Code, is
2-3 amended by adding Section 75.004 to read as follows:
2-4 Sec. 75.004. LIMITATION ON MONETARY DAMAGES FOR PRIVATE
2-5 LANDOWNERS. (a) Subject to Subsection (b), the liability of an
2-6 owner, lessee, or occupant of land for an act or omission by the
2-7 owner, lessee, or occupant relating to the condition of the
2-8 premises that results in damages to a person who has entered the
2-9 premises is limited to a maximum amount of $500,000 for each person
2-10 and $1 million for each single occurrence of bodily injury or death
2-11 and $100,000 for each single occurrence for injury to or
2-12 destruction of property.
2-13 (b) This section applies only to an owner, lessee, or
2-14 occupant of land who has liability insurance coverage in effect on
2-15 an act or omission described by Subsection (a) and in the amounts
2-16 equal to or greater than those provided by Subsection (a). The
2-17 coverage may be provided under a contract of insurance or other
2-18 plan of insurance authorized by statute.
2-19 (c) This section does not affect the liability of an insurer
2-20 or insurance plan in an action under Article 21.21, Insurance Code,
2-21 or an action for bad faith conduct, breach of fiduciary duty, or
2-22 negligent failure to settle a claim.
2-23 (d) This section does not apply to a governmental unit.
2-24 SECTION 4. Subchapter C, Chapter 101, Civil Practice and
2-25 Remedies Code, is amended by adding Section 101.058 to read as
2-26 follows:
2-27 Sec. 101.058. LANDOWNER'S LIABILITY. To the extent that
3-1 Chapter 75 limits the liability of a governmental unit under
3-2 circumstances in which the governmental unit would be liable under
3-3 this chapter, Chapter 75 controls.
3-4 SECTION 5. This Act applies only to a cause of action that
3-5 accrues on or after the effective date of this Act. An action that
3-6 accrues before the effective date of this Act is governed by the
3-7 law applicable to the action immediately before the effective date
3-8 of this Act, and that law is continued in effect for that purpose.
3-9 SECTION 6. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended,
3-14 and that this Act take effect and be in force from and after its
3-15 passage, and it is so enacted.