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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of a landowner that allows recreational |
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use of the landowner's land. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 75.002, Civil Practice and Remedies |
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Code, is amended by amending Subsection (d) and adding Subsection |
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(d-1) to read as follows: |
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(d) Subsections (a) and [,] (b)[, and (c)] shall not limit |
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the liability of an owner, lessee, or occupant of real property who |
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has been grossly negligent or has acted with malicious intent or in |
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bad faith. |
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(d-1) Subsection (c) does not limit the liability of an |
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owner, lessee, or occupant of real property who has acted with |
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malicious intent or in bad faith. |
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SECTION 2. Chapter 75, Civil Practice and Remedies Code, is |
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amended by adding Section 75.005 to read as follows: |
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Sec. 75.005. ATTORNEY'S FEES. In an action brought under |
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this chapter, the court may award a prevailing party reasonable |
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attorney's fees and costs. |
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SECTION 3. Section 75.003(b), Civil Practice and Remedies |
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Code, is repealed. |
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SECTION 4. This Act applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrues before the effective date of this Act is |
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governed by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |