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.

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