By:  Leedom                                             S.B. No. 90
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to liability for damages arising from the maintenance or
    1-2  use of certain parking areas and pedestrian pathways.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Title 4, Civil Practice and Remedies Code, is
    1-5  amended by adding Chapter 88 to read as follows:
    1-6          CHAPTER 88.  PARKING AREAS AND PEDESTRIAN PATHWAYS
    1-7        Sec. 88.001.  DEFINITIONS.  In this chapter:
    1-8              (1)  "Criminal act" means a felony or misdemeanor.
    1-9              (2)  "Economic damages" means any damages for pecuniary
   1-10  loss, including damages for loss of or damage to property and
   1-11  damages for lost wages, loss of earning capacity, expenses for
   1-12  medical care, and burial expenses.
   1-13              (3)  "Exemplary damages" has the meaning assigned by
   1-14  Section 41.001 of this code.
   1-15              (4)  "Noneconomic damages" means damages for loss other
   1-16  than pecuniary loss, including pain and suffering and mental
   1-17  anguish.
   1-18              (5)  "Owner" includes operator, lessor, lessee, or
   1-19  person in control or person who assumes control, in whole or in
   1-20  part, of a parking area or pedestrian pathway.
   1-21              (6)  "Parking area" means property provided free of
   1-22  charge for the parking of vehicles.
   1-23              (7)  "Pedestrian pathway" means any area, including a
    2-1  parking area or sidewalk, provided free of charge for pedestrian
    2-2  use.
    2-3        Sec. 88.002.  LIABILITY.  The owner of a parking area or
    2-4  pedestrian pathway may be liable for damages for personal injury,
    2-5  death, or property damage resulting from a criminal act occurring
    2-6  on the parking area or pedestrian pathway only if such damages were
    2-7  proximately caused by the owner's negligence.  In such instance,
    2-8  damages shall be limited to economic damages only.
    2-9        Sec. 88.003.  DAMAGES.  The owner of a parking lot or
   2-10  pedestrian pathway may be liable for economic damages, non-economic
   2-11  damages, or exemplary damages for personal injury, death, or
   2-12  property damage arising from a criminal act occurring on the
   2-13  parking area or pedestrian pathway only if such owner is an active
   2-14  participant in such criminal act.
   2-15        Sec. 88.004.  SOVEREIGN IMMUNITY NOT WAIVED.  This chapter
   2-16  does not waive the sovereign immunity of a governmental entity to
   2-17  an extent greater than that provided for under Chapter 101 of this
   2-18  code.
   2-19        SECTION 2.  This Act takes effect September 1, 1995, and
   2-20  applies only to a cause of action that accrues on or after that
   2-21  date.  An action that accrued before the effective date of this Act
   2-22  is governed by the law in effect at the time the action accrued,
   2-23  and that law is continued in effect for that purpose.
   2-24        SECTION 3.  The importance of this legislation and the
   2-25  crowded condition of the calendars in both houses create an
    3-1  emergency and an imperative public necessity that the
    3-2  constitutional rule requiring bills to be read on three several
    3-3  days in each house be suspended, and this rule is hereby suspended.