By Corte H.B. No. 23
75R649 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the ability to recover damages for injuries sustained
1-3 after entering property with criminal intent.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 87, Civil Practice and Remedies Code, as
1-6 added by Chapter 604, Acts of the 74th Legislature, 1995, is
1-7 amended by adding Section 87.0025 to read as follows:
1-8 Sec. 87.0025. RECOVERY OF DAMAGES FOR INJURY SUSTAINED AFTER
1-9 ENTERING PROPERTY WITH CRIMINAL INTENT PROHIBITED. (a) A claimant
1-10 may not recover damages for an injury if the defendant shows that:
1-11 (1) the claimant sustained the injury while on
1-12 residential or business property;
1-13 (2) the property was:
1-14 (A) owned by, leased to, or otherwise legally
1-15 under the control of the defendant; or
1-16 (B) business property and the defendant was the
1-17 owner or an employee of the business;
1-18 (3) the claimant entered the property without the
1-19 consent of the defendant; and
1-20 (4) the claimant entered the property with intent to
1-21 commit a felony or theft.
1-22 (b) This section applies without regard to whether the
1-23 claimant is convicted of conduct relating to the claimant's
1-24 entering the property.
2-1 SECTION 2. The heading of Chapter 87, Civil Practice and
2-2 Remedies Code, as added by Chapter 604, Acts of the 74th
2-3 Legislature, 1995, is amended to read as follows:
2-4 CHAPTER 87. LIABILITY FOR [CERTAIN] INJURIES RESULTING
2-5 FROM CRIMINAL CONDUCT [TO CONVICTED PERSONS]
2-6 SECTION 3. Sections 87.001 and 87.003, Civil Practice and
2-7 Remedies Code, as added by Chapter 604, Acts of the 74th
2-8 Legislature, 1995, are amended to read as follows:
2-9 Sec. 87.001. DEFINITIONS [DEFINITION]. In this chapter:
2-10 (1) "Business property" means a structure, vehicle, or
2-11 real property that is used for commercial purposes and the real
2-12 property on which the structure or vehicle is located. The term
2-13 includes:
2-14 (A) each separately secured portion of a
2-15 structure or vehicle; and
2-16 (B) each structure appurtenant to or connected
2-17 with the structure or vehicle and under the legal control of the
2-18 defendant.
2-19 (2) "Claimant" [, "claimant"] means a party, including
2-20 a plaintiff, counterclaimant, cross-claimant, or third-party
2-21 claimant, seeking recovery of damages.
2-22 (3) "Defendant" means a party, including a
2-23 counterdefendant, cross-defendant, or third-party defendant, from
2-24 whom a claimant seeks damages.
2-25 (4) "Habitation" has the meaning assigned by Section
2-26 30.01, Penal Code.
2-27 (5) "Residential property" means a habitation or the
3-1 real property on which the habitation is located.
3-2 Sec. 87.003. DERIVATIVE CLAIMS. Sections 87.002 and 87.0025
3-3 apply [Section 87.002 applies] to a claim for damages made by a
3-4 claimant other than the [a] convicted person or person who entered
3-5 the property if:
3-6 (1) the claimant's right to recovery results from an
3-7 injury to that [a convicted] person, including a claim for the
3-8 wrongful death of the [convicted] person or a claim for loss of
3-9 consortium with or loss of the companionship of the [convicted]
3-10 person; and
3-11 (2) the [convicted] person's right to recovery would
3-12 be barred under Section 87.002 or 87.0025.
3-13 SECTION 4. This Act applies only to a cause of action that
3-14 accrues on or after the effective date of this Act. A cause of
3-15 action that accrues before the effective date of this Act is
3-16 governed by the law applicable to the cause of action immediately
3-17 before the effective date of this Act and that law is continued in
3-18 effect for that purpose.
3-19 SECTION 5. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended,
3-24 and that this Act take effect and be in force from and after its
3-25 passage, and it is so enacted.