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.