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.