Amend CSHB 1202 by striking all below the enacting clause and substituting the following: SECTION 1. Sections 75.001, 75.002, 75.003, and 75.004, Civil Practice and Remedies Code, are designated as Subchapter A, Chapter 75, Civil Practice and Remedies Code, and a new subchapter heading is added to read as follows: SUBCHAPTER A. LIMITATION OF LANDOWNERS' LIABILITY FOR RECREATIONAL USE OF AGRICULTURAL LAND SECTION 2. Chapter 75, Civil Practice and Remedies Code, is amended by adding Subchapters B and C to read as follows: SUBCHAPTER B. LIMITATION OF LANDOWNERS' LIABILITY FOR RECREATIONAL USE OF NONAGRICULTURAL LAND Sec. 75.021. DEFINITIONS. In this subchapter: (1) "Landowner" means an owner or lessee with the right to control the premises. (2) "Premises" includes real property, other than agricultural land, and any improvements to real property, other than agricultural land. (3) "Recreation" means any noncommercial activity undertaken for the purpose of physical exercise, education, relaxation, or pleasure. This definition shall be liberally construed. Sec. 75.022. SCOPE OF SUBCHAPTER. This subchapter applies only to the liability of a landowner for the use of land, other than agricultural land, for recreation. Sec. 75.023. LIABILITY LIMITED. If a landowner gives permission to another to enter the premises for recreation, the landowner, by giving permission, does not: (1) assure that the premises are safe for that purpose; (2) owe to the person to whom the permission is granted a greater degree of care than is owed to a trespasser on the premises; or (3) assume responsibility or incur liability for any injury to any individual or property caused by any act of the person to whom permission is granted. Sec. 75.024. APPLICATION AND EFFECT OF SUBCHAPTER. (a) This subchapter does not relieve any landowner of any liability that would otherwise exist for deliberate, wilful, or malicious injury to a person or to property. (b) This subchapter does not affect the doctrine of attractive nuisance. (c) This subchapter applies only to a landowner who: (1) does not charge for entry to the premises; or (2) charges for certain incidental expenses related to the recreational use of the premises, but whose total charges collected in the previous calendar year for all recreational use of the entire premises of the landowner are not more than the total amount of ad valorem taxes imposed on the premises for the previous calendar year. (d) This subchapter does not create any liability. (e) Sections 75.003 and 75.004 do not apply to a claim subject to this subchapter. Sections 75.025-75.050 reserved for expansion SUBCHAPTER C. LIMITATION OF LANDOWNERS' LIABILITY FOR CRIMINAL ACTS OF THIRD PARTY Sec. 75.051. DEFINITIONS. In this subchapter: (1) "Landowner" means an owner or lessee who has the right to control the safety and security of the premises. (2) "Third party" means a person who is not subject to the right of control or supervision of the landowner. Sec. 75.052. LIABILITY LIMITED. (a) Except as provided by Subsection (b), a landowner does not have a duty to: (1) prevent the criminal acts of a third party; or (2) protect a person from the criminal acts of a third party. (b) A landowner may be liable to a person other than a trespasser at law for property damage, personal injury, or death caused by the reasonably foreseeable criminal act of a third party on the premises if: (1) the landowner knew or should have known that the condition of the premises posed a significant and unreasonable risk of harm from the criminal act of a third party to the person; (2) the landowner failed to exercise ordinary care to protect the person from a significant and unreasonable risk of harm from the criminal act of a third party to the person lawfully on the premises; and (3) the landowner's failure was a proximate cause of the property damage, personal injury, or death. Sec. 75.053. APPLICATION. (a) This subchapter does not affect a landowner's liability if: (1) the criminal act was committed by an employee or agent of the landowner; (2) the landowner is criminally responsible as a party to the criminal act under Chapter 7, Penal Code; (3) the criminal act occurred at a location where, at the time of the criminal act, the landowner was maintaining a common nuisance under Chapter 125 and the landowner had not made reasonable attempts to abate the nuisance; (4) the property damage, personal injury, or death resulted from the landowner's violation of a statutory duty relating to security devices in rental housing under Subchapter D, Chapter 92, Property Code; (5) the claimant's cause of action is for a toxic tort as defined by Section 33.011(7); or (6) the claimant is a resident of, and the criminal act was committed at, an institution, as that term is defined under Section 242.002, Health and Safety Code. (b) Sections 75.003 and 75.004 do not apply to a claim subject to this subchapter. SECTION 3. Section 75.002(c), Civil Practice and Remedies Code, is repealed. SECTION 4. This Act takes effect September 1, 1997, and applies only to an action filed on or after that date. An action filed before the effective date of this Act is governed by the applicable law in effect immediately before that date, and that law is continued in effect for that purpose. SECTION 5. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.