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.