1-1  By:  Turner of Coleman (Senate Sponsor - Wentworth)   H.B. No. 2085
    1-2        (In the Senate - Received from the House May 15, 1995;
    1-3  May 17, 1995, read first time and referred to Committee on
    1-4  Jurisprudence; May 24, 1995, reported favorably by the following
    1-5  vote:  Yeas 6, Nays 0; May 24, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the liability of certain private and governmental
    1-9  owners of agricultural land used for recreation.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 75.001, Civil Practice and Remedies Code,
   1-12  is amended by adding Subdivision (4) to read as follows:
   1-13              (4)  "Governmental unit" has the meaning assigned by
   1-14  Section 101.001.
   1-15        SECTION 2.  Section 75.003, Civil Practice and Remedies Code,
   1-16  is amended by amending Subsection (c) and adding Subsections (e),
   1-17  (f), and (g) to read as follows:
   1-18        (c)  Except for a governmental unit, this <This> chapter
   1-19  applies only to an owner, lessee, or occupant of real property who:
   1-20              (1)  does not charge for entry to the premises; <or>
   1-21              (2)  charges for entry to the premises, but whose total
   1-22  charges collected in the previous calendar year for all
   1-23  recreational use of the entire premises of the owner, lessee, or
   1-24  occupant are not more than twice the total amount of ad valorem
   1-25  taxes imposed on the premises for the previous calendar year; or
   1-26              (3)  has liability insurance coverage in effect on an
   1-27  act or omission described by Section 75.004(a) and in the amounts
   1-28  equal to or greater than those provided by that section.
   1-29        (e)  Except as otherwise provided, this chapter applies to a
   1-30  governmental unit.
   1-31        (f)  This chapter does not waive sovereign immunity.
   1-32        (g)  To the extent that this chapter limits the liability of
   1-33  a governmental unit under circumstances in which the governmental
   1-34  unit would be liable under Chapter 101, this chapter controls.
   1-35        SECTION 3.  Chapter 75, Civil Practice and Remedies Code, is
   1-36  amended by adding Section 75.004 to read as follows:
   1-37        Sec. 75.004.  LIMITATION ON MONETARY DAMAGES FOR PRIVATE
   1-38  LANDOWNERS.  (a)  Subject to Subsection (b), the liability of an
   1-39  owner, lessee, or occupant of land for an act or omission by the
   1-40  owner, lessee, or occupant relating to the premises that results in
   1-41  damages to a person who has entered the premises is limited to a
   1-42  maximum amount of $500,000 for each person and $1 million for each
   1-43  single occurrence of bodily injury or death and $100,000 for each
   1-44  single occurrence for injury to or destruction of property.
   1-45        (b)  This section applies only to an owner, lessee, or
   1-46  occupant of land who has liability insurance coverage in effect on
   1-47  an act or omission described by Subsection (a) and in the amounts
   1-48  equal to or greater than those provided by Subsection (a).  The
   1-49  coverage may be provided under a contract of insurance or other
   1-50  plan of insurance authorized by statute.
   1-51        (c)  This section does not affect the liability of an insurer
   1-52  or insurance plan in an action under Article 21.21, Insurance Code,
   1-53  or an action for bad faith conduct, breach of fiduciary duty, or
   1-54  negligent failure to settle a claim.
   1-55        (d)  This section does not apply to a governmental unit.
   1-56        SECTION 4.  Subchapter C, Chapter 101, Civil Practice and
   1-57  Remedies Code, is amended by adding Section 101.058 to read as
   1-58  follows:
   1-59        Sec. 101.058.  LANDOWNER'S LIABILITY.  To the extent that
   1-60  Chapter 75 limits the liability of a governmental unit under
   1-61  circumstances in which the governmental unit would be liable under
   1-62  this chapter, Chapter 75 controls.
   1-63        SECTION 5.  This Act applies only to a cause of action that
   1-64  accrues on or after the effective date of this Act.  An action that
   1-65  accrues before the effective date of this Act is governed by the
   1-66  law applicable to the action immediately before the effective date
   1-67  of this Act, and that law is continued in effect for that purpose.
   1-68        SECTION 6.  The importance of this legislation and the
    2-1  crowded condition of the calendars in both houses create an
    2-2  emergency and an imperative public necessity that the
    2-3  constitutional rule requiring bills to be read on three several
    2-4  days in each house be suspended, and this rule is hereby suspended,
    2-5  and that this Act take effect and be in force from and after its
    2-6  passage, and it is so enacted.
    2-7                               * * * * *