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.