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.