SRC-JRN H.B. 1202 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1202
By: Uher (Fraser)
Economic Development
5-17-97
Engrossed


DIGEST 

Currently, general practices of common law provide that a 
property owner may not be held liable for 
harm caused by the criminal actions of third parties not under 
the property owner's control.  Changes 
in law over the last twenty years have made property owners 
liable for a wide range of risks and 
activities.  This bill restores historical common law limitations 
on landowner liability.

PURPOSE

As proposed, H.B. 1202 restores historical common law limitations 
on landowner liability.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a 
state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Redesignates Sections 75.001, 75.002, 75.003, and 
75.004, Civil Practice and 
Remedies Code, as Chapter 75A, Civil Practices and Remedies Code, 
and sets forth a new 
subchapter heading, as follows:

SUBCHAPTER A.  LIMITATION OF LANDOWNERS' LIABILITY FOR
RECREATIONAL USE OF AGRICULTURAL LAND

SECTION 2. Amends Chapter 75, Civil Practice and Remedies Code, by 
adding Subchapters B and 
C, as follows:

SUBCHAPTER B.  LIMITATION OF LANDOWNERS' LIABILITY FOR
RECREATIONAL USE OF NONAGRICULTURAL LAND

Sec. 75.021. DEFINITIONS.  Defines "landowner," "premises," 
and "recreation."

Sec. 75.022. SCOPE OF SUBCHAPTER.  Provides that 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.  Provides that a landowner 
giving permission to 
another to enter the premises for recreation does not make 
certain assurances to the person 
entering the property.

Sec. 75.024. APPLICATION AND EFFECT OF SUBCHAPTER.  Provides 
that 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.  Provides that this 
subchapter does not affect the doctrine of attractive 
nuisance.   Provides that this subchapter 
applies only to a landowner who meets certain requirements 
related to premise expenses. 
Provides that this subchapter does not create any liability. 
 Provides that Sections 75.003 and 
75.004 do not apply to a claim subject to this subchapter.  
Provides that this subchapter does 
not apply to residential real property.  Sets forth types of 
residential property to which this 
subchapter does not apply.

SUBCHAPTER C.  LIMITATION OF LANDOWNERS' LIABILITY FOR CRIMINAL
ACTS OF THIRD PARTY

Sec. 75.051. DEFINITIONS.  Defines "landowner," and "third 
party."

Sec. 75.052. LIABILITY LIMITED.  Provides that a landowner 
does not have a duty to 
prevent the criminal acts of a third party or protect a 
person from the criminal acts of a third 
party, except as provided by Subsection (b).  Provides that 
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 certain 
conditions apply.  

Sec. 75.053. APPLICATION.  Provides that this subchapter does 
not affect a landowner's 
liability, under certain provisions.  Prohibits Sections 
75.003 and 75.004 from applying to 
a claim subject to this subchapter.

SECTION 3. Repealer:  Section 75.002(c), Civil Practice and 
Remedies Code (Liability Limited).

SECTION 4. Effective date: September 1, 1997.
  Makes application of this Act prospective.