By Junell H.B. No. 2464
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of measures for the protection of
1-3 employees, invitees, tenants and customers at certain retail
1-4 establishments.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Title 4, Civil Practices and Remedies Code, is
1-7 amended by adding Chapter 96 to read as follows:
1-8 CHAPTER 96. OBLIGATION TO PROVIDE SECURITY MEASURES
1-9 AT CERTAIN RETAIL ESTABLISHMENTS
1-10 Sec. 96.001. DEFINITIONS. In this chapter:
1-11 (1) "multilevel shopping mall" means an enclosed
1-12 multilevel retail center, including its exterior grounds, surface
1-13 parking lots, multilevel parking garages, office buildings and
1-14 other associated structures and premises that:
1-15 (A) contains more than 1,200,000 square feet of
1-16 gross leasable area for retail purposes; and
1-17 (B) includes one or more multilevel parking
1-18 garages.
1-19 (2) "owner or operator of a multilevel shopping mall"
1-20 means the owner or operator of a multilevel shopping mall and the
1-21 employees and agents of such owner or operator.
1-22 Sec. 96.002. SECURITY MEASURES. (a) An owner or operator
1-23 of a multilevel shopping mall may establish and implement a
2-1 security plan that provides the following measures for the
2-2 protection of employees, invitees, tenants and customers at that
2-3 multilevel shopping mall:
2-4 (1) one peace officer on premises during regular
2-5 business hours;
2-6 (2) one security officer on premises per each 600,000
2-7 square feet of gross leasable area on premises during regular
2-8 business hours;
2-9 (3) one security officer on premises per each 1,000
2-10 parking spaces contained in a multilevel parking garage during
2-11 regular business hours;
2-12 (4) one security officer on premises per each 1,000
2-13 parking spaces contained in a multilevel parking garage on premises
2-14 during regular business hours who is available upon request to
2-15 escort employees, invitees, tenants and customers;
2-16 (5) one security vehicle available for patrolling each
2-17 2,500 parking spaces contained in a multilevel parking structure;
2-18 (6) a communications system in effect 24 hours per
2-19 day, seven days a week; and
2-20 (7) a security advisory newsletter, designed to
2-21 communicate safety advice to employees, invitees, tenants and
2-22 customers, to be distributed or posted by the owner or operator of
2-23 the multilevel shopping mall at least once every three months; For
2-24 the purposes of this subsection (c), "peace officer" shall have the
2-25 same meaning as such term is defined in Article 2.12, Texas Code of
3-1 Criminal Procedure, as amended; "security officer" shall have the
3-2 same meaning as such term is defined in Article 4413 (29bb),
3-3 Vernon's Texas Civil Statutes, as amended; and "regular business
3-4 hours" shall mean those hours of business adopted by the owner or
3-5 operator of a multilevel shopping mall for that mall.
3-6 (d) Any owner or operator of a multilevel shopping mall that
3-7 establishes a security plan under the provisions of this subsection
3-8 shall file a copy of such plan with both the police chief of any
3-9 municipality in which such mall is located and the sheriff of the
3-10 county in which such mall is located. Such filings are proof of
3-11 the establishment of a plan for the purposes of this Act.
3-12 Sec. 96.003 AFFIRMATIVE DEFENSE FOR MULTILEVEL SHOPPING
3-13 MALLS: EVIDENCE OF SAFETY MEASURES. It is an affirmative defense
3-14 in a cause of action that alleges that the owner or operator of a
3-15 multilevel shopping mall is liable for failure to provide adequate
3-16 security that at the time of the incident that is the basis for the
3-17 cause of action the owner or operator of the multilevel shopping
3-18 mall had established and substantially implemented the security
3-19 plan described by Section 96.002 (c).
3-20 SECTION 2. This Act takes effect September 1, 1995, and
3-21 Chapter 96, Civil Practice and Remedies Code, as added by the Act,
3-22 applies only to a cause of action that accrues on or after January
3-23 1, 1996. A cause of action that accrues before that date is
3-24 governed by the law in effect on the date that the cause accrued,
3-25 and the former law is continued in effect for the purpose.
4-1 SECTION 3. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create and
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended.