By Kamel H.B. No. 299
75R804 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the liability of certain persons for injury to others
1-3 that occurs on real property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 75.001 and 75.002, Civil Practice and
1-6 Remedies Code, are amended to read as follows:
1-7 Sec. 75.001. DEFINITIONS. In this chapter:
1-8 (1) ["Agricultural land" means land that is located in
1-9 this state and that is suitable for:]
1-10 [(A) use in production of plants and fruits
1-11 grown for human or animal consumption, or plants grown for the
1-12 production of fibers, floriculture, viticulture, horticulture, or
1-13 planting seed;]
1-14 [(B) forestry and the growing of trees for the
1-15 purpose of rendering those trees into lumber, fiber, or other items
1-16 used for industrial, commercial, or personal consumption; or]
1-17 [(C) domestic or native farm or ranch animals
1-18 kept for use or profit.]
1-19 [(2)] "Premises" includes land, roads, water,
1-20 watercourse, private ways, and buildings, structures, machinery,
1-21 and equipment attached to or located on the land, road, water,
1-22 watercourse, or private way.
1-23 (2) [(3)] "Recreation" means an activity such as
1-24 hunting, fishing, swimming, boating, camping, picnicking, hiking,
2-1 pleasure driving, nature study, cave exploration, and waterskiing
2-2 and other water sports.
2-3 (3) [(4)] "Governmental unit" has the meaning assigned
2-4 by Section 101.001.
2-5 (4) "Nonbusiness purpose" means:
2-6 (A) recreation;
2-7 (B) a charitable purpose; or
2-8 (C) another reason that is not related to a
2-9 business purpose of the owner, lessee, or occupant.
2-10 Sec. 75.002. LIABILITY LIMITED. (a) An owner, lessee, or
2-11 occupant of real property [agricultural land]:
2-12 (1) does not owe a duty of care to a trespasser on the
2-13 property [land]; and
2-14 (2) is not liable for any injury to a trespasser on
2-15 the property [land], except for wilful or wanton acts or gross
2-16 negligence by the owner, lessee, or other occupant of the property
2-17 [agricultural land].
2-18 (b) [If an owner, lessee, or occupant of agricultural land
2-19 gives permission to another to enter the premises for recreation,
2-20 the owner, lessee, or occupant, by giving the permission, does not:]
2-21 [(1) assure that the premises are safe for that
2-22 purpose;]
2-23 [(2) owe to the person to whom permission is granted a
2-24 greater degree of care than is owed to a trespasser on the
2-25 premises; or]
2-26 [(3) assume responsibility or incur liability for any
2-27 injury to any individual or property caused by any act of the
3-1 person to whom permission is granted.]
3-2 [(c)] If an owner, lessee, or occupant of real property
3-3 [other than agricultural land] gives permission to another to enter
3-4 the premises for a nonbusiness purpose [recreation], the owner,
3-5 lessee, or occupant, by giving the permission, does not:
3-6 (1) assure that the premises are safe for that
3-7 purpose;
3-8 (2) owe to the person to whom permission is granted a
3-9 greater degree of care than is owed to a trespasser on the
3-10 premises; or
3-11 (3) assume responsibility or incur liability for any
3-12 injury to any individual or property caused by any act of the
3-13 person to whom permission is granted.
3-14 (c) [(d)] Subsections (a) and[,] (b) do[, and (c) shall] not
3-15 limit the liability of an owner, lessee, or occupant of real
3-16 property who has been grossly negligent or has acted with malicious
3-17 intent or in bad faith.
3-18 SECTION 2. Sections 75.003(b) and (c), Civil Practice and
3-19 Remedies Code, are amended to read as follows:
3-20 (b) This chapter does not affect the doctrine of attractive
3-21 nuisance, except that the doctrine may not be the basis for
3-22 liability of an owner, lessee, or occupant of real property
3-23 [agricultural land] for any injury to a trespasser over the age of
3-24 16 years.
3-25 (c) Except for a governmental unit, this chapter applies
3-26 only to an owner, lessee, or occupant of real property who:
3-27 (1) does not charge for entry to the premises;
4-1 (2) charges for entry to the premises for the
4-2 recreational use, but whose total charges collected in the previous
4-3 calendar year for all recreational use of the entire premises of
4-4 the owner, lessee, or occupant are not more than twice the total
4-5 amount of ad valorem taxes imposed on the premises for the previous
4-6 calendar year; or
4-7 (3) has liability insurance coverage in effect on an
4-8 act or omission described by Section 75.004(a) and in the amounts
4-9 equal to or greater than those provided by that section.
4-10 SECTION 3. This Act takes effect September 1, 1997, and
4-11 applies only to a cause of action that accrues on or after the
4-12 effective date of this Act. A cause of action that accrues before
4-13 the effective date of this Act is governed by the law applicable to
4-14 the cause of action immediately before the effective date of this
4-15 Act, and that law is continued in effect for that purpose.
4-16 SECTION 4. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.