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.