75R13549 MLS-F
By Uher, Hawley, Patterson, Junell, Allen, H.B. No. 1202
et al.
Substitute the following for H.B. No. 1202:
By Bosse C.S.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, C, and D 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 a person or entity 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.
2-1 Sec. 75.022. SCOPE OF SUBCHAPTER. This subchapter applies
2-2 only to the liability of a landowner for the use of land, other
2-3 than agricultural land, for recreation.
2-4 Sec. 75.023. LIABILITY LIMITED. If a landowner gives
2-5 permission to another to enter the premises for recreation, the
2-6 landowner, by giving permission, does not:
2-7 (1) assure that the premises are safe for that
2-8 purpose;
2-9 (2) owe to the person to whom the permission is
2-10 granted a greater degree of care than is owed to a trespasser on
2-11 the premises; or
2-12 (3) assume responsibility or incur liability for any
2-13 injury to any individual or property caused by any act of the
2-14 person to whom permission is granted.
2-15 Sec. 75.024. APPLICATION AND EFFECT OF SUBCHAPTER.
2-16 (a) This subchapter does not relieve any landowner of any
2-17 liability that would otherwise exist for deliberate, wilful, or
2-18 malicious injury to a person or to property.
2-19 (b) This subchapter does not affect the doctrine of
2-20 attractive nuisance.
2-21 (c) This subchapter applies only to a landowner who:
2-22 (1) does not charge for entry to the premises; or
2-23 (2) charges for certain incidental expenses related to
2-24 the recreational use of the premises, but whose total charges
2-25 collected in the previous calendar year for all recreational use of
2-26 the entire premises of the landowner are not more than the total
2-27 amount of ad valorem taxes imposed on the premises for the previous
3-1 calendar year.
3-2 (d) This subchapter does not create any liability.
3-3 (e) Sections 75.003 and 75.004 do not apply to a claim
3-4 subject to this subchapter.
3-5 (Sections 75.025-75.050 reserved for expansion
3-6 SUBCHAPTER C. LIABILITY OF LANDOWNERS GENERALLY
3-7 Sec. 75.051. DEFINITIONS. In this subchapter:
3-8 (1) "Claimant" means a party, including a plaintiff,
3-9 counterclaimant, cross-claimant, or third-party claimant, seeking
3-10 recovery of damages.
3-11 (2) "Landowner" means a person or entity with the
3-12 right to control the premises.
3-13 (3) "Premises" includes real property and any
3-14 improvements to real property.
3-15 Sec. 75.052. LIABILITY OF LANDOWNER TO TRESPASSER. A
3-16 landowner is liable for an injury to a trespasser on the premises
3-17 only if the injury is proximately caused by the wilful or wanton
3-18 acts or gross negligence of the landowner.
3-19 Sec. 75.053. LIABILITY OF LANDOWNER TO LICENSEE. A
3-20 landowner is liable for an injury to a licensee on the premises if:
3-21 (1) the injury is proximately caused by the wilful or
3-22 wanton acts or gross negligence of the landowner; or
3-23 (2) the landowner has knowledge of a dangerous
3-24 condition on the premises of which the licensee is unaware and the
3-25 landowner failed to:
3-26 (A) make the dangerous condition safe; or
3-27 (B) warn the licensee of the existence of the
4-1 dangerous condition.
4-2 Sec. 75.054. LIABILITY OF LANDOWNER TO INVITEE. A landowner
4-3 is liable for an injury to an invitee on the premises if:
4-4 (1) the injury is proximately caused by the wilful or
4-5 wanton acts or gross negligence of the landowner; or
4-6 (2) the landowner:
4-7 (A) knew or should have known of the existence
4-8 of a dangerous condition on the premises of which the invitee is
4-9 unaware; and
4-10 (B) failed to exercise ordinary care to correct
4-11 or warn of an unreasonable risk of harm created by the dangerous
4-12 condition on the premises.
4-13 Sec. 75.055. STATUS OF CLAIMANT. The status of a claimant
4-14 as a trespasser, licensee, or invitee under this subchapter is a
4-15 question of law.
4-16 (Sections 75.056-75.080 reserved for expansion)
4-17 SUBCHAPTER D. LIMITATION OF LANDOWNERS' LIABILITY FOR CRIMINAL
4-18 ACTS OF THIRD PARTY
4-19 Sec. 75.081. DEFINITIONS. In this subchapter:
4-20 (1) "Landowner" means a person or entity who has the
4-21 right to control the safety and security of the premises.
4-22 (2) "Third party" means a person who is not subject to
4-23 the right of control or supervision of the landowner.
4-24 Sec. 75.082. LIABILITY LIMITED. (a) Except as provided by
4-25 Subsection (b), a landowner does not have a duty to:
4-26 (1) prevent the criminal acts of a third party; or
4-27 (2) protect a person from the criminal acts of a third
5-1 party.
5-2 (b) A landowner may be liable to a person other than a
5-3 trespasser at law for property damage, personal injury, or death
5-4 caused by the reasonably foreseeable criminal act of a third party
5-5 on the premises if:
5-6 (1) the landowner knew or should have known that the
5-7 condition of the premises posed a significant and unreasonable risk
5-8 of harm from the criminal act of a third party to the person;
5-9 (2) the landowner failed to exercise ordinary care to
5-10 protect the person from a significant and unreasonable risk of harm
5-11 from the criminal act of a third party to the person lawfully on
5-12 the premises; and
5-13 (3) the landowner's failure was a proximate cause of
5-14 the property damage, personal injury, or death.
5-15 Sec. 75.083. APPLICATION. (a) This subchapter does not
5-16 affect a landowner's liability if:
5-17 (1) the criminal act was committed by a person subject
5-18 to the right of control or supervision of the landowner;
5-19 (2) the landowner is criminally responsible as a party
5-20 to the criminal act under Chapter 7, Penal Code;
5-21 (3) the criminal act occurred at a location where, at
5-22 the time of the criminal act, the landowner was maintaining a
5-23 nuisance under Chapter 125 or common law;
5-24 (4) the criminal act resulted from the landowner's
5-25 violation of a statutory duty relating to security devices in
5-26 rental housing under Subchapter D, Chapter 92, Property Code;
5-27 (5) the landowner may be liable for:
6-1 (A) the breach of a written warranty concerning
6-2 the safety of the premises; or
6-3 (B) the breach of an affirmative statement made
6-4 by the landowner to a prospective employee concerning the safety of
6-5 the premises and reduced to writing by the employer within seven
6-6 days after the employment of the employee in the following form:
6-7 THESE PREMISES HAVE ____ HAVE NOT ____ BEEN
6-8 SUBJECT TO ONE OR MORE CRIMINAL ACTS OF A THIRD PARTY
6-9 IN THE FORM OF CRIMINAL HOMICIDE, KIDNAPPING, SEXUAL
6-10 OFFENSE, OR ASSAULT.;
6-11 (6) the claimant's cause of action is for a toxic tort
6-12 as defined by Section 33.011(7); or
6-13 (7) the claimant is a resident of, and the criminal
6-14 act was committed at, an institution, as that term is defined under
6-15 Section 242.002, Health and Safety Code.
6-16 (b) Sections 75.003 and 75.004 do not apply to a claim
6-17 subject to this subchapter.
6-18 SECTION 3. Section 75.002(c), Civil Practice and Remedies
6-19 Code, is repealed.
6-20 SECTION 4. This Act takes effect September 1, 1997, and
6-21 applies only to an action filed on or after that date. An action
6-22 filed before the effective date of this Act is governed by the
6-23 applicable law in effect immediately before that date, and that law
6-24 is continued in effect for that purpose.
6-25 SECTION 5. The importance of this legislation and the
6-26 crowded condition of the calendars in both houses create an
6-27 emergency and an imperative public necessity that the
7-1 constitutional rule requiring bills to be read on three several
7-2 days in each house be suspended, and this rule is hereby suspended.