By Turner of Coleman H.B. No. 2664
75R8689 DLF-F
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 agricultural land used for recreation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 75.001(3), Civil Practice and Remedies
1-6 Code, is amended to read as follows:
1-7 (3) "Recreation" means an activity such as:
1-8 (A) hunting;[,]
1-9 (B) fishing;[,]
1-10 (C) swimming;[,]
1-11 (D) boating;[,]
1-12 (E) camping;[,]
1-13 (F) picnicking;[,]
1-14 (G) hiking;[,]
1-15 (H) pleasure driving;[,]
1-16 (I) nature study, including bird-watching;[,]
1-17 (J) cave exploration;[, and]
1-18 (K) waterskiing and other water sports; or
1-19 (L) any other activity associated with enjoying
1-20 nature or the outdoors.
1-21 SECTION 2. Section 75.002(b), Civil Practice and Remedies
1-22 Code, is amended to read as follows:
1-23 (b) If an owner, lessee, or occupant of agricultural land
1-24 gives permission to another or invites another to enter the
2-1 premises for recreation, the owner, lessee, or occupant, by giving
2-2 the permission, does not:
2-3 (1) assure that the premises are safe for that
2-4 purpose;
2-5 (2) owe to the person to whom permission is granted or
2-6 to whom the invitation is extended a greater degree of care than is
2-7 owed to a trespasser on the premises; or
2-8 (3) assume responsibility or incur liability for any
2-9 injury to any individual or property caused by any act of the
2-10 person to whom permission is granted or to whom the invitation is
2-11 extended.
2-12 SECTION 3. Section 75.003, Civil Practice and Remedies Code,
2-13 is amended by amending Subsection (c) and adding Subsection (h) to
2-14 read as follows:
2-15 (c) Except for a governmental unit, this chapter applies
2-16 only to an owner, lessee, or occupant of real property who:
2-17 (1) does not charge for entry to the premises;
2-18 (2) charges for entry to the premises, but whose total
2-19 charges collected in the previous calendar year for all
2-20 recreational use of the entire premises of the owner, lessee, or
2-21 occupant are not more than:
2-22 (A) twice the total amount of ad valorem taxes
2-23 imposed on the premises for the previous calendar year; or
2-24 (B) four times the total amount of ad valorem
2-25 taxes imposed on the premises for the previous calendar year, in
2-26 the case of agricultural land; or
2-27 (3) has liability insurance coverage in effect on an
3-1 act or omission described by Section 75.004(a) and in the amounts
3-2 equal to or greater than those provided by that section.
3-3 (h) In the case of agricultural land, an owner, lessee, or
3-4 occupant of real property who does not charge for entry to the
3-5 premises because the individuals entering the premises for
3-6 recreation are invited social guests satisfies the requirement of
3-7 Subsection (c)(1).
3-8 SECTION 4. Sections 75.004(a) and (b), Civil Practice and
3-9 Remedies Code, are amended to read as follows:
3-10 (a) Subject to Subsection (b), the liability of an owner,
3-11 lessee, or occupant of land for an act or omission by the owner,
3-12 lessee, or occupant relating to the premises that results in
3-13 damages to a person who has entered the premises is limited to a
3-14 maximum amount of $500,000 for each person and $1 million for each
3-15 single occurrence of bodily injury or death and $100,000 for each
3-16 single occurrence for injury to or destruction of property. In the
3-17 case of agricultural land, the total liability of an owner, lessee,
3-18 or occupant for a single occurrence is limited to $1 million, and
3-19 the liability also is subject to the limits for each single
3-20 occurrence of bodily injury or death and each single occurrence for
3-21 injury to or destruction of property stated in this subsection.
3-22 (b) This section applies only to an owner, lessee, or
3-23 occupant of land who has liability insurance coverage in effect on
3-24 an act or omission described by Subsection (a) and in the amounts
3-25 equal to or greater than those provided by Subsection (a). The
3-26 coverage may be provided under a contract of insurance or other
3-27 plan of insurance authorized by statute. The limit of liability
4-1 insurance coverage applicable with respect to agricultural land may
4-2 be a combined single limit in the amount of $1 million for each
4-3 single occurrence.
4-4 SECTION 5. This Act takes effect September 1, 1997, and
4-5 applies only to a cause of action that accrues on or after the
4-6 effective date of this Act. A cause of action that accrues before
4-7 the effective date of this Act is governed by the law applicable to
4-8 the cause of action immediately before the effective date of this
4-9 Act, and that law is continued in effect for that purpose.
4-10 SECTION 6. The importance of this legislation and the
4-11 crowded condition of the calendars in both houses create an
4-12 emergency and an imperative public necessity that the
4-13 constitutional rule requiring bills to be read on three several
4-14 days in each house be suspended, and this rule is hereby suspended.
4-15 COMMITTEE AMENDMENT NO. 1
4-16 HB 2664
4-17 1) Page 3. Please amend by adding the underscored language as
4-18 follows:
4-19 Line 11: "lessee, or occupant of agricultural land used for
4-20 recreational purposes for an act or omission by the owner,"
4-21 2) Page 3. Please amend by adding the underscored language as
4-22 follows:
4-23 Line 23: "occupant of agricultural land used for recreational
4-24 purposes who has liability insurance coverage in effect on"
4-25 Bosse