ZEM H.B. 2664 75(R)BILL ANALYSIS CIVIL PRACTICES H.B. 2664 By: Turner, Bob 3-18-97 Committee Report (Amended) BACKGROUND Approximately 97 percent of all Texas property is privately owned. A growing urban population is creating a greater demand for recreational opportunities and the state may not be able to afford to own or to manage and maintain properly the amount of land it would take to meet the public demand for quality outdoor experiences. In 1995, the legislature passed HB2085 which was intended to encourage owners of agricultural land to open their property for recreational uses by others. While some landowners do lease their property for hunting, there is always a concern that a lawsuit could literally cost them the farm. HB2085 sought to alleviate that concern by limiting the liability of owners of agricultural land used for recreational purposes. Under this bill, landowners could comfortably invite hunters and bird watchers, boys scouts and biology students to come and enjoy their private property. Since HB2085 passed, however, two lawsuits have demonstrated the need to clarify the language and the intent of the legislature. First, while the caption of HB2085 was specific that limits on liability would apply to owners of "agricultural land used for recreational purposes," that exclusive language did not appear in the body of the bill. Consequently, owners of any kind of land used for recreational purposes (shopping malls, for example) are claiming that their liability to injured parties is limited by HB2085. This was not the intent of the legislature and HB2664 will correct that oversight. Second, a court has ruled that limits on liability do not pertain to invited, non-paying guests. HB2664 will clarify that it was the intent of the legislature to protect landowners from unlimited liability to both paying and non-paying guests. PURPOSE The purpose of this legislation is to clarify the language of HB2085 so that it reflects the intent of the the 74th Legislature, to add language which reflects more accurately the amount and type of liability insurance policies which are actually available to landowners and to make several other clarifying changes. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 75.001(3), Civil Practice and Remedies Code, to include in the definition of the word "recreation" bird watching and any other activity associated with enjoying nature or the outdoors. SECTION 2. Amends Section 75.002(b), Civil Practice and Remedies Code, by adding language to clarify that the limits on liability also apply to invitees. SECTION 3. Amends Section 75.003, Civil Practice and Remedies Code, by amending subsection (c) and adding subsection (h) as follows: (c)(2)(B) Provides that the limits on liability apply also to an owner of agricultural land whose charges for entry to the land are not more than four times the total amount of ad valorem taxes in the previous calendar year. (h) Clarifies that limits on liability apply to landowners who do not charge entry to their agricultural land because the guests are social invitees. SECTION 4. Amends Section 75.004(a) and (b) by limiting the total liability for a single occurrence to $1 million and providing for a combined single limit in the amount of $1 million for each single occurrence of agricultural land. SECTION 5. Effective date: September 1, 1997; applies prospectively; savings clause. SECTION 6. Emergency clause. EXPLANATION OF AMENDMENTS Committee amendment #1 amends Section 4, page 3, lines 11 and 23, by providing that the maximum liability amounts specified under this section apply to owners, lessees, and occupants of agricultural land used for recreational purposes.