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.

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