SRC-JFA H.B. 2664 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2664
By: Turner, Bob (Wentworth)
Jurisprudence
4-10-97
Engrossed


DIGEST 

Currently, Chapter 75 of the Civil Practice and Remedies Code, as amended
by H.B. 2085 (74th Legislature), limits the liability of agricultural
landowners who lease their land for recreational purposes.  Some attorneys
have used the amendments of H.B. 2085 to Chapter 75, Civil Practice and
Remedies Code, to limit the liability of individuals in cases which
involve neither agricultural land nor recreational use of such land.  This
bill would amend Chapter 75, Civil Practice and Remedies Code, to clarify
the limited liability granted to occupants of agricultural land used for
recreation purposes.      

PURPOSE

As proposed, H.B. 2664 revises the liability of an occupant of
agricultural land who invites another to enter the premises for
recreation.     

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 75.001(3), Civil Practice and Remedies Code,  to
include within the definition of "recreation," nature study, including
bird-watching, and any other activity associated with enjoying nature or
the outdoors.  Makes conforming and nonsubstantive changes.   

SECTION 2. Amends Section 75.002(b), Civil Practice and Remedies Code, to
provide that if an owner, lessee, or occupant of agricultural land, among
other actions, invites another to enter the premises for recreation, the
owner, lessee, or occupant, by giving the permission, does not, among
other items, owe to the person to whom the invitation is extended a
greater degree of care than is owed to a trespasser on the premises; or
assume responsibility or incur liability for any injury to any individual
or property caused by any act of the person to whom the invitation is
extended.  

SECTION 3. Amends Section 75.003, Civil Practice and Remedies Code, by
amending Subsection (c) and by adding Subsection (h), as follows:  

(c)  Provides that this chapter, except for a governmental unit, applies
only to an owner, lessee, or occupant of real property who, among other
items, charges for entry to the premises, but whose total charges
collected in the previous calender year for all recreational use of the
entire premises of the owner, lessee, or occupant are not more than, among
other items, four times the total amount of ad valorem taxes imposed on
the premises for the previous calender year, in the case of agricultural
land.  Makes conforming changes.  

(h)  Provides that in the case of agricultural land, an owner, lessee, or
occupant of real property who does not charge for entry to the premises
because the individuals entering the premises for recreation are invited
social guests satisfies the requirement of Subsection (c)(1). 

SECTION 4. Amends Sections 75.004(a) and (b), Civil Practice and Remedies
Code, as follows: 

 (a)  Provides that subject to Subsection (b), the liability of an
occupant of agricultural land used for recreational purposes, among
others, for an act or omission by the occupant relating to the premises
that results in damages to a person who has entered the premises is
limited to a maximum amount of $500,000 for each person and $1 million for
each single occurrence of bodily injury or death and $100,000 for each
single occurrence for injury to or destruction of property.  Provides that
in the case of agricultural land, the total liability of an owner, lessee,
or occupant for a single occurrence is limited to $1 million, and the
liability also is subject to the limits for each single occurrence of
bodily injury or death and each single occurrence for injury to or
destruction of property stated in this subsection. 

(b)  Authorizes the limit of liability insurance coverage applicable with
respect to agricultural land to be a combined single limit in the amount
of $1 million for each single occurrence. Makes conforming changes.  

SECTION 5. Effective date: September 1, 1997. 
  Makes application of this Act prospective.

SECTION 6. Emergency clause.