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 * * * * *