H.B. 408 78(R)    BILL ANALYSIS


H.B. 408
By: Miller
Civil Practices
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, Chapter 75 of the Civil Practice and Remedies Code provides
liability protection to landowners from those who use the land for
recreational purposes. The current statute places a cap on the amount of
compensation that a landowner may receive for use of the land and still be
protected.  The market for some hunting leases is such that landowners
often receive more than the allowed compensation and thus could be liable
for any action on that property.   

House Bill 408 increases the cap to provide liability protection for
landowners. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

Amends Section 75.003(c), Civil Practice and Remedies Code,  to allow
liability protection to apply to a landowner whose total charges collected
the previous calendar year are not more than 20 times the total amount of
ad valorem taxes imposed on the premises for the previous calendar year.
The bill deletes the tier bracket that set one cap for agricultural land
taxes and another cap for taxes on all other land. 


EFFECTIVE DATE

September 1, 2003