1-1 By: Uher, et al. (Senate Sponsor - Fraser) H.B. No. 1202 1-2 (In the Senate - Received from the House May 14, 1997; 1-3 May 15, 1997, read first time and referred to Committee on Economic 1-4 Development; May 18, 1997, reported favorably by the following 1-5 vote: Yeas 11, Nays 0; May 18, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the liability of certain persons for injury to others 1-9 that occurs on certain real property. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Sections 75.001, 75.002, 75.003, and 75.004, 1-12 Civil Practice and Remedies Code, are designated as Subchapter A, 1-13 Chapter 75, Civil Practice and Remedies Code, and a new subchapter 1-14 heading is added to read as follows: 1-15 SUBCHAPTER A. LIMITATION OF LANDOWNERS' LIABILITY FOR 1-16 RECREATIONAL USE OF AGRICULTURAL LAND 1-17 SECTION 2. Chapter 75, Civil Practice and Remedies Code, is 1-18 amended by adding Subchapters B and C to read as follows: 1-19 SUBCHAPTER B. LIMITATION OF LANDOWNERS' LIABILITY FOR 1-20 RECREATIONAL USE OF NONAGRICULTURAL LAND 1-21 Sec. 75.021. DEFINITIONS. In this subchapter: 1-22 (1) "Landowner" means an owner or lessee with the 1-23 right to control the premises. 1-24 (2) "Premises" includes real property, other than 1-25 agricultural land, and any improvements to real property, other 1-26 than agricultural land. 1-27 (3) "Recreation" means any noncommercial activity 1-28 undertaken for the purpose of physical exercise, education, 1-29 relaxation, or pleasure. This definition shall be liberally 1-30 construed. 1-31 Sec. 75.022. SCOPE OF SUBCHAPTER. This subchapter applies 1-32 only to the liability of a landowner for the use of land, other 1-33 than agricultural land, for recreation. 1-34 Sec. 75.023. LIABILITY LIMITED. If a landowner gives 1-35 permission to another to enter the premises for recreation, the 1-36 landowner, by giving permission, does not: 1-37 (1) assure that the premises are safe for that 1-38 purpose; 1-39 (2) owe to the person to whom the permission is 1-40 granted a greater degree of care than is owed to a trespasser on 1-41 the premises; or 1-42 (3) assume responsibility or incur liability for any 1-43 injury to any individual or property caused by any act of the 1-44 person to whom permission is granted. 1-45 Sec. 75.024. APPLICATION AND EFFECT OF SUBCHAPTER. 1-46 (a) This subchapter does not relieve any landowner of any 1-47 liability that would otherwise exist for deliberate, wilful, or 1-48 malicious injury to a person or to property. 1-49 (b) This subchapter does not affect the doctrine of 1-50 attractive nuisance. 1-51 (c) This subchapter applies only to a landowner who: 1-52 (1) does not charge for entry to the premises; or 1-53 (2) charges for certain incidental expenses related to 1-54 the recreational use of the premises, but whose total charges 1-55 collected in the previous calendar year for all recreational use of 1-56 the entire premises of the landowner are not more than the total 1-57 amount of ad valorem taxes imposed on the premises for the previous 1-58 calendar year. 1-59 (d) This subchapter does not create any liability. 1-60 (e) Sections 75.003 and 75.004 do not apply to a claim 1-61 subject to this subchapter. 1-62 (f) This subchapter does not apply to residential real 1-63 property. For purposes of this subchapter, residential real 1-64 property includes: 2-1 (1) multiunit rental complexes or rental dwellings in 2-2 a condominium, cooperative, or town home project and any 2-3 improvements to that property; and 2-4 (2) common areas that are subject to the control of a 2-5 property owner's association and any improvements to those common 2-6 areas. 2-7 (Sections 75.025-75.050 reserved for expansion 2-8 SUBCHAPTER C. LIMITATION OF LANDOWNERS' LIABILITY FOR CRIMINAL 2-9 ACTS OF THIRD PARTY 2-10 Sec. 75.051. DEFINITIONS. In this subchapter: 2-11 (1) "Landowner" means an owner or lessee who has the 2-12 right to control the safety and security of the premises. 2-13 (2) "Third party" means a person who is not subject to 2-14 the right of control or supervision of the landowner. 2-15 Sec. 75.052. LIABILITY LIMITED. (a) Except as provided by 2-16 Subsection (b), a landowner does not have a duty to: 2-17 (1) prevent the criminal acts of a third party; or 2-18 (2) protect a person from the criminal acts of a third 2-19 party. 2-20 (b) A landowner may be liable to a person other than a 2-21 trespasser at law for property damage, personal injury, or death 2-22 caused by the reasonably foreseeable criminal act of a third party 2-23 on the premises if: 2-24 (1) the landowner knew or should have known that the 2-25 condition of the premises posed a significant and unreasonable risk 2-26 of harm from the criminal act of a third party to the person; 2-27 (2) the landowner failed to exercise ordinary care to 2-28 protect the person from a significant and unreasonable risk of harm 2-29 from the criminal act of a third party to the person lawfully on 2-30 the premises; and 2-31 (3) the landowner's failure was a proximate cause of 2-32 the property damage, personal injury, or death. 2-33 Sec. 75.053. APPLICATION. (a) This subchapter does not 2-34 affect a landowner's liability if: 2-35 (1) the criminal act was committed by an employee or 2-36 agent of the landowner; 2-37 (2) the landowner is criminally responsible as a party 2-38 to the criminal act under Chapter 7, Penal Code; 2-39 (3) the criminal act occurred at a location where, at 2-40 the time of the criminal act, the landowner was maintaining a 2-41 common nuisance under Chapter 125 and the landowner had not made 2-42 reasonable attempts to abate the nuisance; 2-43 (4) the property damage, personal injury, or death 2-44 resulted from the landowner's violation of a statutory duty 2-45 relating to security devices in rental housing under Subchapter D, 2-46 Chapter 92, Property Code; 2-47 (5) the claimant's cause of action is for a toxic tort 2-48 as defined by Section 33.011(7); or 2-49 (6) the claimant is a resident of, and the criminal 2-50 act was committed at, an institution, as that term is defined under 2-51 Section 242.002, Health and Safety Code. 2-52 (b) Sections 75.003 and 75.004 do not apply to a claim 2-53 subject to this subchapter. 2-54 SECTION 3. Section 75.002(c), Civil Practice and Remedies 2-55 Code, is repealed. 2-56 SECTION 4. This Act takes effect September 1, 1997, and 2-57 applies only to an action filed on or after that date. An action 2-58 filed before the effective date of this Act is governed by the 2-59 applicable law in effect immediately before that date, and that law 2-60 is continued in effect for that purpose. 2-61 SECTION 5. The importance of this legislation and the 2-62 crowded condition of the calendars in both houses create an 2-63 emergency and an imperative public necessity that the 2-64 constitutional rule requiring bills to be read on three several 2-65 days in each house be suspended, and this rule is hereby suspended. 2-66 * * * * *