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.