By Brown of Kaufman H.B. No. 1262
76R5128 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the liability of certain persons for injury to others
1-3 resulting from the criminal act of a third party.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 75.001, 75.002, 75.003, and 75.004,
1-6 Civil Practice and Remedies Code, are designated as Subchapter A,
1-7 Chapter 75, Civil Practice and Remedies Code, and a new subchapter
1-8 heading is added to read as follows:
1-9 SUBCHAPTER A. LIMITATION OF LANDOWNERS' LIABILITY FOR
1-10 RECREATIONAL USE OF AGRICULTURAL LAND
1-11 SECTION 2. Chapter 75, Civil Practice and Remedies Code, is
1-12 amended by adding Subchapter B to read as follows:
1-13 SUBCHAPTER B. LIMITATION OF LANDOWNERS' LIABILITY FOR CRIMINAL
1-14 ACTS OF THIRD PARTY
1-15 Sec. 75.051. DEFINITION. In this subchapter, "landowner"
1-16 means an owner, lessee, or occupant of the premises or a person who
1-17 manages or has control of the premises.
1-18 Sec. 75.052. LIABILITY LIMITED. A landowner is not liable
1-19 for property damage or damages arising from the personal injury or
1-20 death of a claimant that results from a criminal act on the
1-21 landowner's premises unless:
1-22 (1) the landowner was grossly negligent; and
1-23 (2) the landowner's gross negligence was a proximate
1-24 cause of the criminal act.
2-1 Sec. 75.053. APPLICATION. (a) This subchapter does not
2-2 affect a landowner's liability if:
2-3 (1) the criminal act was committed by an employee of
2-4 the landowner;
2-5 (2) the landowner is criminally responsible as a party
2-6 to the criminal act under Chapter 7, Penal Code;
2-7 (3) the criminal act occurred at a location where, at
2-8 the time of the criminal act, the landowner was maintaining a
2-9 common nuisance under Chapter 125 and had not made reasonable
2-10 attempts to abate the nuisance;
2-11 (4) the criminal act resulted from the landowner's
2-12 intentional or knowing violation of a statutory duty under
2-13 Subchapter D, Chapter 92, Property Code, and the criminal act
2-14 occurred after the statutory deadline for compliance with that
2-15 duty; or
2-16 (5) the claimant's cause of action is for a toxic tort
2-17 as defined by Section 33.011(7).
2-18 (b) In an action arising out of a criminal act committed by
2-19 an employee of the landowner, the landowner may be liable for
2-20 damages, but only if:
2-21 (1) the landowner authorized the doing and the manner
2-22 of the act;
2-23 (2) the employee was unfit and the landowner acted
2-24 with gross negligence in employing or retaining the employee;
2-25 (3) the employee was employed in a managerial capacity
2-26 and was acting in the scope of the employee's employment; or
2-27 (4) the landowner or a manager of the landowner
3-1 ratified or approved the act.
3-2 (c) Sections 75.003 and 75.004 do not apply to a claim
3-3 subject to this subchapter.
3-4 SECTION 3. This Act takes effect September 1, 1999, and
3-5 applies only to an action filed on or after that date. An action
3-6 filed before the effective date of this Act is governed by the
3-7 applicable law in effect immediately before that date, and that law
3-8 is continued in effect for that purpose.
3-9 SECTION 4. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.