By Turner of Coleman H.B. No. 1917
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the liability of certain persons for injury to others
1-3 that occurs on agricultural land used for recreation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 75, Title 4, Civil Practices and Remedies
1-6 Code is amended to read as follows:
1-7 75.001. Definitions. In this chapter:
1-8 (1) "Agricultural land" means land that is located in
1-9 this state and that is suitable for:
1-10 (A) use in production of plants and fruits grown
1-11 for human or animal consumption, or plants grown for the production
1-12 of fibers, floriculture, viticulture, horticulture, or planting
1-13 seed;
1-14 (B) forestry and the growing of trees for the
1-15 purpose of rendering those trees into lumber, fiber, or other items
1-16 used for industrial, commercial, or personal consumption; or
1-17 (C) domestic or native farm or ranch animals
1-18 kept for use or profit.
1-19 (2) "Premises" includes land, roads, water,
1-20 watercourse, private ways, and buildings, structures, machinery,
1-21 and equipment attached to or located on the land, road, water,
1-22 watercourse, or private way.
2-1 (3) "Recreation" means an activity such as:
2-2 (A) hunting;
2-3 (B) fishing;
2-4 (C) swimming;
2-5 (D) boating;
2-6 (E) camping;
2-7 (F) picnicking;
2-8 (G) hiking;
2-9 (H) pleasure driving;
2-10 (I) nature study, including bird-watching;
2-11 (J) cave exploration;
2-12 (K) waterskiing and other water sports; or
2-13 (L) [any other activity associated with enjoying
2-14 nature or the outdoors.] equine activities as defined in Civil
2-15 Practices and Remedies Code Section 87.001; or
2-16 (M) mountain biking - cycling.
2-17 (4) "Governmental unit" has the meaning assigned by
2-18 Section 101.001.
2-19 75.002. Liability Limited. (a) An owner, lessee, or
2-20 occupant of agricultural land:
2-21 (1) does not owe a duty of care to a trespasser on the
2-22 land; and
2-23 (2) is not liable for any injury to a trespasser on
2-24 the land, except for wilful or wanton acts or gross negligence by
2-25 the owner, lessee, or other occupant of agricultural land.
2-26 (b) If an owner, lessee, or occupant of agricultural land
3-1 gives permission to another or invites another to enter the
3-2 premises for recreation, the owner, lessee, or occupant, by giving
3-3 the permission, does not:
3-4 (1) assure that the premises are safe for that
3-5 purpose;
3-6 (2) owe to the person to whom permission is granted or
3-7 to whom the invitation is extended a greater degree of care than is
3-8 owed to a trespasser on the premises; or
3-9 (3) assume responsibility or incur liability for any
3-10 injury to any individual or property caused by any act of the
3-11 person to whom permission is granted or to whom the invitation is
3-12 extended.
3-13 (c) If an owner, lessee, or occupant of real property other
3-14 than agricultural land gives permission to another to enter the
3-15 premises for recreation, the owner, lessee, or occupant, by giving
3-16 the permission, does not:
3-17 (1) assure that the premises are safe for that
3-18 purpose;
3-19 (2) owe to the person to whom permission is granted a
3-20 greater degree of care than is owed to a trespasser on the
3-21 premises; or
3-22 (3) assume responsibility or incur liability for any
3-23 injury to any individual or property caused by any act of the
3-24 person to whom permission is granted.
3-25 (d) Subsections (a), (b), and (c) shall not limit the
3-26 liability of an owner, lessee, or occupant of real property who has
4-1 been grossly negligent or has acted with malicious intent or in bad
4-2 faith.
4-3 (e) In this section, "recreation" means, in addition to its
4-4 meaning under Section 75.001, the following activities only if the
4-5 activities take place inside a facility owned, operated, or
4-6 maintained by a municipality:
4-7 (1) hockey and in-line hockey; and
4-8 (2) skating, in-line skating, roller-skating,
4-9 skateboarding, and roller-blading.
4-10 (f) Subsection (e) limits the liability of a municipality
4-11 only for those damages arising directly from a recreational
4-12 activity described in Subsection (e) but does not limit the
4-13 liability of a municipality for gross negligence or acts conducted
4-14 in bad faith or with malicious intent.
4-15 (g) Any municipality that owns, operates, or maintains a
4-16 facility in which the recreational activities described in
4-17 Subsection (e) are conducted shall post and maintain a clearly
4-18 readable sign in a clearly visible location on or near the
4-19 building. The sign shall contain the following warning language:
4-20 75.003. Application and Effect of Chapter. (a) This chapter
4-21 does not relieve any owner, lessee, or occupant of real property of
4-22 any liability that would otherwise exist for deliberate, wilful, or
4-23 malicious injury to a person or to property.
4-24 (b) This chapter does not affect the doctrine of attractive
4-25 nuisance, except that the doctrine may not be the basis for
4-26 liability of an owner, lessee, or occupant of agricultural land for
5-1 any injury to a trespasser over the age of 16 years.
5-2 (c) Except for a governmental unit, this chapter applies
5-3 only to an owner, lessee, or occupant of real property who:
5-4 (1) does not charge for entry to the premises;
5-5 (2) charges for entry to the premises, but whose total
5-6 charges collected in the previous calendar year for all
5-7 recreational use of the entire premises of the owner, lessee, or
5-8 occupant are not more than:
5-9 (A) [twice] ten times the total amount of ad
5-10 valorem taxes imposed on the premises for the previous calendar
5-11 year; or
5-12 (B) four times the total amount of ad valorem
5-13 taxes imposed on the premises for the previous calendar year, in
5-14 the case of agricultural land; or
5-15 (3) has liability insurance coverage in effect on an
5-16 act or omission described by Section 75.004(a) and in the amounts
5-17 equal to or greater than those provided by that section.
5-18 (d) This chapter does not create any liability.
5-19 (e) Except as otherwise provided, this chapter applies to a
5-20 governmental unit.
5-21 (f) This chapter does not waive sovereign immunity.
5-22 (g) To the extent that this chapter limits the liability of
5-23 a governmental unit under circumstances in which the governmental
5-24 unit would be liable under Chapter 101, this chapter controls.
5-25 (h) In the case of agricultural land, an owner, lessee, or
5-26 occupant of real property who does not charge for entry to the
6-1 premises because the individuals entering the premises for
6-2 recreation are invited social guests satisfies the requirement of
6-3 Subsection (c)(1).
6-4 75.004. Limitation on Monetary Damages for Private
6-5 Landowners. (a) Subject to Subsection (b), the liability of an
6-6 owner, lessee, or occupant of agricultural land used for
6-7 recreational purposes for an act or omission by the owner, lessee,
6-8 or occupant relating to the premises that results in damages to a
6-9 person who has entered the premises is limited to a maximum amount
6-10 of $500,000 for each person and $1 million for each single
6-11 occurrence of bodily injury or death and $100,000 for each single
6-12 occurrence for injury to or destruction of property. In the case
6-13 of agricultural land, the total liability of an owner, lessee, or
6-14 occupant for a single occurrence is limited to $1 million, and the
6-15 liability also is subject to the limits for each single occurrence
6-16 of bodily injury or death and each single occurrence for injury to
6-17 or destruction of property stated in this subsection.
6-18 (b) This section applies only to an owner, lessee, or
6-19 occupant of agricultural land used for recreational purposes who
6-20 has liability insurance coverage in effect on an act or omission
6-21 described by Subsection (a) and in the amounts equal to or greater
6-22 than those provided by Subsection (a). The coverage may be
6-23 provided under a contract of insurance or other plan of insurance
6-24 authorized by statute. The limit of liability insurance coverage
6-25 applicable with respect to agricultural land may be a combined
6-26 single limit in the amount of $1 million for each single
7-1 occurrence.
7-2 (c) This section does not affect the liability of an insurer
7-3 or insurance plan in an action under Article 21.21, Insurance Code,
7-4 or an action for bad faith conduct, breach of fiduciary duty, or
7-5 negligent failure to settle a claim.
7-6 (d) This section does not apply to a governmental unit.
7-7 SECTION 2. This Act takes effect September 1, 2001.