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