By Turner of Coleman H.B. No. 887
75R3670 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)] "Real property" ["Premises"] includes land,
1-20 roads, water, watercourse, private ways, and buildings, structures,
1-21 machinery, and equipment attached to or located on the land, road,
1-22 water, watercourse, or private way.
1-23 (2) [(3)] "Recreation" means an activity such as:
1-24 (A) hunting;[,]
2-1 (B) fishing;[,]
2-2 (C) swimming;[,]
2-3 (D) boating;[,]
2-4 (E) camping;[,]
2-5 (F) picnicking;[,]
2-6 (G) hiking;[,]
2-7 (H) pleasure driving;[,]
2-8 (I) nature study, including bird watching;[,]
2-9 (J) cave exploration;[, and]
2-10 (K) waterskiing and other water sports; or
2-11 (L) any other activity associated with enjoying
2-12 nature or the outdoors.
2-13 (3) [(4)] "Governmental unit" has the meaning assigned
2-14 by Section 101.001.
2-15 (4) "Nonbusiness purpose" means:
2-16 (A) a charitable purpose; or
2-17 (B) another reason that is not related to a
2-18 business purpose of the owner, lessee, or occupant.
2-19 Sec. 75.002. LIABILITY LIMITED. (a) An owner, lessee, or
2-20 occupant of real property [agricultural land]:
2-21 (1) does not owe a duty of care to a trespasser on the
2-22 real property [land]; and
2-23 (2) is not liable for any injury to a trespasser on
2-24 the real property [land], except for wilful or wanton acts or gross
2-25 negligence by the owner, lessee, or other occupant of the real
2-26 property [agricultural land].
2-27 (b) [If an owner, lessee, or occupant of agricultural land
3-1 gives permission to another to enter the premises for recreation,
3-2 the owner, lessee, or occupant, by giving the permission, does not:]
3-3 [(1) assure that the premises are safe for that
3-4 purpose;]
3-5 [(2) owe to the person to whom permission is granted a
3-6 greater degree of care than is owed to a trespasser on the
3-7 premises; or]
3-8 [(3) assume responsibility or incur liability for any
3-9 injury to any individual or property caused by any act of the
3-10 person to whom permission is granted.]
3-11 [(c)] If an owner, lessee, or occupant of real property
3-12 [other than agricultural land] gives permission to another or
3-13 invites another to enter the real property [premises] for
3-14 recreation or for a nonbusiness purpose, the owner, lessee, or
3-15 occupant, by giving the permission, does not:
3-16 (1) assure that the real property is [premises are]
3-17 safe for that purpose;
3-18 (2) owe to the person to whom permission is granted or
3-19 to whom the invitation is extended a greater degree of care than is
3-20 owed to a trespasser on the real property [premises]; or
3-21 (3) assume responsibility or incur liability for any
3-22 injury to any individual or property caused by any act of the
3-23 person to whom permission is granted or to whom the invitation is
3-24 extended.
3-25 (c) [(d)] Subsections (a) and[,] (b) do[, and (c) shall] not
3-26 limit the liability of an owner, lessee, or occupant of real
3-27 property who has been grossly negligent or has acted with malicious
4-1 intent or in bad faith.
4-2 SECTION 2. Sections 75.003(b) and (c), Civil Practice and
4-3 Remedies Code, are amended to read as follows:
4-4 (b) This chapter does not affect the doctrine of attractive
4-5 nuisance, except that the doctrine may not be the basis for
4-6 liability of an owner, lessee, or occupant of real property
4-7 [agricultural land] for any injury to a trespasser over the age of
4-8 16 years.
4-9 (c) Except for a governmental unit, this chapter applies
4-10 only to an owner, lessee, or occupant of real property who:
4-11 (1) has invited social guests or otherwise does not
4-12 charge for entry to the real property [premises];
4-13 (2) charges for entry to the real property [premises]
4-14 for the recreational use, but whose total charges collected in the
4-15 previous calendar year for all recreational use of the entire
4-16 premises of the owner, lessee, or occupant are not more than four
4-17 times [twice] the total amount of ad valorem taxes imposed on the
4-18 real property [premises] for the previous calendar year; or
4-19 (3) has liability insurance coverage in effect on an
4-20 act or omission described by Section 75.004(a) and in the amounts
4-21 equal to or greater than those provided by that section.
4-22 SECTION 3. Sections 75.004(a) and (b), Civil Practice and
4-23 Remedies Code, are amended to read as follows:
4-24 (a) Subject to Subsection (b), the liability of an owner,
4-25 lessee, or occupant of real property [land] for an act or omission
4-26 by the owner, lessee, or occupant relating to the real property
4-27 [premises] that results in damages to a person who has entered the
5-1 real property [premises] is limited to a maximum amount of $500,000
5-2 for each person and $1 million for each single occurrence of bodily
5-3 injury or death and $100,000 for each single occurrence for injury
5-4 to or destruction of property.
5-5 (b) This section applies only to an owner, lessee, or
5-6 occupant of real property [land] who has liability insurance
5-7 coverage in effect on an act or omission described by Subsection
5-8 (a) and in the amounts equal to or greater than those provided by
5-9 Subsection (a). The coverage may be provided under a contract of
5-10 insurance or other plan of insurance authorized by statute.
5-11 SECTION 4. This Act takes effect September 1, 1997, and
5-12 applies only to a cause of action that accrues on or after the
5-13 effective date of this Act. A cause of action that accrues before
5-14 the effective date of this Act is governed by the law applicable to
5-15 the cause of action immediately before the effective date of this
5-16 Act, and that law is continued in effect for that purpose.
5-17 SECTION 5. The importance of this legislation and the
5-18 crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended.