Amend the Uher floor amendment No. _____ to CSHB 1202 as follows: 1. Strike subsection 75.052(b)(2), lines 23-26, page 3, and substitute the following: (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, considering: (A) the nature and extent of the use of the premises; (B) the frequency and nature of prior violent crimes committed on the premises and whether the landowner cooperated with law enforcement agencies concerning those crimes; and (C) the practical and economic ability of the landowner to prevent the criminal acts of third parties; and 2. Add the following as subsection 75.052(c): (c) In a trial to a jury, the court shall instruct the jury to consider the factors described by subsection (b)(2).