1-1 By: Turner of Coleman (Senate Sponsor - Wentworth) H.B. No. 2664
1-2 (In the Senate - Received from the House April 4, 1997;
1-3 April 8, 1997, read first time and referred to Committee on
1-4 Jurisprudence; April 15, 1997, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; April 15, 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 agricultural land used for recreation.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 75.001(3), Civil Practice and Remedies
1-12 Code, is amended to read as follows:
1-13 (3) "Recreation" means an activity such as:
1-14 (A) hunting;[,]
1-15 (B) fishing;[,]
1-16 (C) swimming;[,]
1-17 (D) boating;[,]
1-18 (E) camping;[,]
1-19 (F) picnicking;[,]
1-20 (G) hiking;[,]
1-21 (H) pleasure driving;[,]
1-22 (I) nature study, including bird-watching;[,]
1-23 (J) cave exploration;[, and]
1-24 (K) waterskiing and other water sports; or
1-25 (L) any other activity associated with enjoying
1-26 nature or the outdoors.
1-27 SECTION 2. Section 75.002(b), Civil Practice and Remedies
1-28 Code, is amended to read as follows:
1-29 (b) If an owner, lessee, or occupant of agricultural land
1-30 gives permission to another or invites another to enter the
1-31 premises for recreation, the owner, lessee, or occupant, by giving
1-32 the permission, does not:
1-33 (1) assure that the premises are safe for that
1-34 purpose;
1-35 (2) owe to the person to whom permission is granted or
1-36 to whom the invitation is extended a greater degree of care than is
1-37 owed to a trespasser on the premises; or
1-38 (3) assume responsibility or incur liability for any
1-39 injury to any individual or property caused by any act of the
1-40 person to whom permission is granted or to whom the invitation is
1-41 extended.
1-42 SECTION 3. Section 75.003, Civil Practice and Remedies Code,
1-43 is amended by amending Subsection (c) and adding Subsection (h) to
1-44 read as follows:
1-45 (c) Except for a governmental unit, this chapter applies
1-46 only to an owner, lessee, or occupant of real property who:
1-47 (1) does not charge for entry to the premises;
1-48 (2) charges for entry to the premises, but whose total
1-49 charges collected in the previous calendar year for all
1-50 recreational use of the entire premises of the owner, lessee, or
1-51 occupant are not more than:
1-52 (A) twice the total amount of ad valorem taxes
1-53 imposed on the premises for the previous calendar year; or
1-54 (B) four times the total amount of ad valorem
1-55 taxes imposed on the premises for the previous calendar year, in
1-56 the case of agricultural land; or
1-57 (3) has liability insurance coverage in effect on an
1-58 act or omission described by Section 75.004(a) and in the amounts
1-59 equal to or greater than those provided by that section.
1-60 (h) In the case of agricultural land, an owner, lessee, or
1-61 occupant of real property who does not charge for entry to the
1-62 premises because the individuals entering the premises for
1-63 recreation are invited social guests satisfies the requirement of
1-64 Subsection (c)(1).
2-1 SECTION 4. Sections 75.004(a) and (b), Civil Practice and
2-2 Remedies Code, are amended to read as follows:
2-3 (a) Subject to Subsection (b), the liability of an owner,
2-4 lessee, or occupant of agricultural land used for recreational
2-5 purposes for an act or omission by the owner, lessee, or occupant
2-6 relating to the premises that results in damages to a person who
2-7 has entered the premises is limited to a maximum amount of $500,000
2-8 for each person and $1 million for each single occurrence of bodily
2-9 injury or death and $100,000 for each single occurrence for injury
2-10 to or destruction of property. In the case of agricultural land,
2-11 the total liability of an owner, lessee, or occupant for a single
2-12 occurrence is limited to $1 million, and the liability also is
2-13 subject to the limits for each single occurrence of bodily injury
2-14 or death and each single occurrence for injury to or destruction of
2-15 property stated in this subsection.
2-16 (b) This section applies only to an owner, lessee, or
2-17 occupant of agricultural land used for recreational purposes who
2-18 has liability insurance coverage in effect on an act or omission
2-19 described by Subsection (a) and in the amounts equal to or greater
2-20 than those provided by Subsection (a). The coverage may be
2-21 provided under a contract of insurance or other plan of insurance
2-22 authorized by statute. The limit of liability insurance coverage
2-23 applicable with respect to agricultural land may be a combined
2-24 single limit in the amount of $1 million for each single
2-25 occurrence.
2-26 SECTION 5. This Act takes effect September 1, 1997, and
2-27 applies only to a cause of action that accrues on or after the
2-28 effective date of this Act. A cause of action that accrues before
2-29 the effective date of this Act is governed by the law applicable to
2-30 the cause of action immediately before the effective date of this
2-31 Act, and that law is continued in effect for that purpose.
2-32 SECTION 6. The importance of this legislation and the
2-33 crowded condition of the calendars in both houses create an
2-34 emergency and an imperative public necessity that the
2-35 constitutional rule requiring bills to be read on three several
2-36 days in each house be suspended, and this rule is hereby suspended.
2-37 * * * * *