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A BILL TO BE ENTITLED
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AN ACT
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relating to the limitation of liability of certain landowners. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 75.006, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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Sec. 75.006. LIABILITY LIMITED FOR ACTIONS OF FIREFIGHTER, |
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FEDERAL LAW ENFORCEMENT OFFICER, OR PEACE OFFICER. |
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SECTION 2. Section 75.006, Civil Practice and Remedies |
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Code, is amended by amending Subsection (a) and adding Subsection |
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(c) to read as follows: |
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(a) In this section: |
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(1) "Federal law enforcement officer" means a law |
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enforcement officer as defined by 5 U.S.C. Section 8331(20). |
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(2) "Firefighter" means a member of a fire department |
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who performs a function listed in Section 419.021(3)(C), Government |
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Code. |
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(3) [(2)] "Livestock" has the meaning assigned by |
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Section 1.003, Agriculture Code. |
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(4) [(3)] "Peace officer" has the meaning assigned by |
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Section 1.07, Penal Code, or other state or federal law. |
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(c) A landowner is not liable for any damages or injury to |
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any person or property that arises from the actions of a peace |
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officer or federal law enforcement officer when such officer enters |
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or causes another person to enter the landowner's property with or |
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without the landowner's permission. A landowner is not liable for |
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such damages or injury regardless of whether the damages or injury |
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occurs on the landowner's property. |
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(d) A landowner is not liable for any damages or injury to |
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any person or property that arises from the actions of an individual |
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who, because of the actions of a peace officer or federal law |
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enforcement officer, enters or causes another person to enter the |
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landowner's property without the landowner's permission. |
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SECTION 3. Subsection (a), Section 75.002, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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(a) An owner, lessee, or occupant of agricultural land or |
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real property other than agricultural land: |
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(1) does not owe a duty of care to a trespasser on the |
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property [land]; and |
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(2) is not liable for any injury to a trespasser on the |
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property [land], except for wilful or wanton acts or gross |
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negligence by the owner, lessee, or other occupant of the property |
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[agricultural land]. |
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SECTION 4. The change in law made by this Act applies only |
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to an act or omission that occurs on or after the effective date of |
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this Act. An act or omission that occurred before the effective |
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date of this Act is governed by the law in effect immediately before |
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the effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |