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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 for an act or omission of a |
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peace officer on the property of the landowner. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. LIABILITY LIMITED FOR ACTIONS OF PEACE |
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OFFICER. A landowner is not liable for damages arising from an act |
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or omission of a peace officer, as defined by Article 2.12, Code of |
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Criminal Procedure, or other state or federal law, who, with or |
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without the permission of the landowner, has entered the |
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landowner's property acting within the scope of the officer's |
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authority as a peace officer. A peace officer is presumed to have |
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acted within the scope of the peace officer's authority if a |
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landowner who has given permission to a peace officer to enter the |
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landowner's property has a reasonable belief that the peace officer |
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is acting within the peace officer's authority. |
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SECTION 2. The change in law made by this Act applies only |
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to an act or omission of a peace officer that occurs on or after the |
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effective date of this Act. An act or omission of a peace officer |
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that occurred before the effective date of this Act is covered by |
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the law in effect when the act or omission occurred, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |