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.