By Uher, Hawley, Patterson, Junell, Allen, H.B. No. 1202
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 certain real property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 75.001, 75.002, 75.003, and 75.004,
1-6 Civil Practice and Remedies Code, are designated as Subchapter A,
1-7 Chapter 75, Civil Practice and Remedies Code, and a new subchapter
1-8 heading is added to read as follows:
1-9 SUBCHAPTER A. LIMITATION OF LANDOWNERS' LIABILITY FOR
1-10 RECREATIONAL USE OF AGRICULTURAL LAND
1-11 SECTION 2. Chapter 75, Civil Practice and Remedies Code, is
1-12 amended by adding Subchapters B and C to read as follows:
1-13 SUBCHAPTER B. LIMITATION OF LANDOWNERS' LIABILITY FOR
1-14 RECREATIONAL USE OF NONAGRICULTURAL LAND
1-15 Sec. 75.021. DEFINITIONS. In this subchapter:
1-16 (1) "Landowner" means an owner or lessee with the
1-17 right to control the premises.
1-18 (2) "Premises" includes real property, other than
1-19 agricultural land, and any improvements to real property, other
1-20 than agricultural land.
1-21 (3) "Recreation" means any noncommercial activity
1-22 undertaken for the purpose of physical exercise, education,
1-23 relaxation, or pleasure. This definition shall be liberally
1-24 construed.
1-25 Sec. 75.022. SCOPE OF SUBCHAPTER. This subchapter applies
2-1 only to the liability of a landowner for the use of land, other
2-2 than agricultural land, for recreation.
2-3 Sec. 75.023. LIABILITY LIMITED. If a landowner gives
2-4 permission to another to enter the premises for recreation, the
2-5 landowner, by giving permission, does not:
2-6 (1) assure that the premises are safe for that
2-7 purpose;
2-8 (2) owe to the person to whom the permission is
2-9 granted a greater degree of care than is owed to a trespasser on
2-10 the premises; or
2-11 (3) assume responsibility or incur liability for any
2-12 injury to any individual or property caused by any act of the
2-13 person to whom permission is granted.
2-14 Sec. 75.024. APPLICATION AND EFFECT OF SUBCHAPTER.
2-15 (a) This subchapter does not relieve any landowner of any
2-16 liability that would otherwise exist for deliberate, wilful, or
2-17 malicious injury to a person or to property.
2-18 (b) This subchapter does not affect the doctrine of
2-19 attractive nuisance.
2-20 (c) This subchapter applies only to a landowner who:
2-21 (1) does not charge for entry to the premises; or
2-22 (2) charges for certain incidental expenses related to
2-23 the recreational use of the premises, but whose total charges
2-24 collected in the previous calendar year for all recreational use of
2-25 the entire premises of the landowner are not more than the total
2-26 amount of ad valorem taxes imposed on the premises for the previous
2-27 calendar year.
3-1 (d) This subchapter does not create any liability.
3-2 (e) Sections 75.003 and 75.004 do not apply to a claim
3-3 subject to this subchapter.
3-4 (f) This subchapter does not apply to residential real
3-5 property. For purposes of this subchapter, residential real
3-6 property includes:
3-7 (1) multiunit rental complexes or rental dwellings in
3-8 a condominium, cooperative, or town home project and any
3-9 improvements to that property; and
3-10 (2) common areas that are subject to the control of a
3-11 property owner's association and any improvements to those common
3-12 areas.
3-13 (Sections 75.025-75.050 reserved for expansion
3-14 SUBCHAPTER C. LIMITATION OF LANDOWNERS' LIABILITY FOR CRIMINAL
3-15 ACTS OF THIRD PARTY
3-16 Sec. 75.051. DEFINITIONS. In this subchapter:
3-17 (1) "Landowner" means an owner or lessee who has the
3-18 right to control the safety and security of the premises.
3-19 (2) "Third party" means a person who is not subject to
3-20 the right of control or supervision of the landowner.
3-21 Sec. 75.052. LIABILITY LIMITED. (a) Except as provided by
3-22 Subsection (b), a landowner does not have a duty to:
3-23 (1) prevent the criminal acts of a third party; or
3-24 (2) protect a person from the criminal acts of a third
3-25 party.
3-26 (b) A landowner may be liable to a person other than a
3-27 trespasser at law for property damage, personal injury, or death
4-1 caused by the reasonably foreseeable criminal act of a third party
4-2 on the premises if:
4-3 (1) the landowner knew or should have known that the
4-4 condition of the premises posed a significant and unreasonable risk
4-5 of harm from the criminal act of a third party to the person;
4-6 (2) the landowner failed to exercise ordinary care to
4-7 protect the person from a significant and unreasonable risk of harm
4-8 from the criminal act of a third party to the person lawfully on
4-9 the premises; and
4-10 (3) the landowner's failure was a proximate cause of
4-11 the property damage, personal injury, or death.
4-12 Sec. 75.053. APPLICATION. (a) This subchapter does not
4-13 affect a landowner's liability if:
4-14 (1) the criminal act was committed by an employee or
4-15 agent of the landowner;
4-16 (2) the landowner is criminally responsible as a party
4-17 to the criminal act under Chapter 7, Penal Code;
4-18 (3) the criminal act occurred at a location where, at
4-19 the time of the criminal act, the landowner was maintaining a
4-20 common nuisance under Chapter 125 and the landowner had not made
4-21 reasonable attempts to abate the nuisance;
4-22 (4) the property damage, personal injury, or death
4-23 resulted from the landowner's violation of a statutory duty
4-24 relating to security devices in rental housing under Subchapter D,
4-25 Chapter 92, Property Code;
4-26 (5) the claimant's cause of action is for a toxic tort
4-27 as defined by Section 33.011(7); or
5-1 (6) the claimant is a resident of, and the criminal
5-2 act was committed at, an institution, as that term is defined under
5-3 Section 242.002, Health and Safety Code.
5-4 (b) Sections 75.003 and 75.004 do not apply to a claim
5-5 subject to this subchapter.
5-6 SECTION 3. Section 75.002(c), Civil Practice and Remedies
5-7 Code, is repealed.
5-8 SECTION 4. This Act takes effect September 1, 1997, and
5-9 applies only to an action filed on or after that date. An action
5-10 filed before the effective date of this Act is governed by the
5-11 applicable law in effect immediately before that date, and that law
5-12 is continued in effect for that purpose.
5-13 SECTION 5. The importance of this legislation and the
5-14 crowded condition of the calendars in both houses create an
5-15 emergency and an imperative public necessity that the
5-16 constitutional rule requiring bills to be read on three several
5-17 days in each house be suspended, and this rule is hereby suspended.