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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 harm to a trespasser. |
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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 75.007 to read as follows: |
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Sec. 75.007. TRESPASSERS. (a) In this section, |
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"trespasser" means a person who enters the land of another without |
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any legal right, express or implied. |
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(b) An owner, lessee, or occupant of land does not owe a duty |
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of care to a trespasser on the land and is not liable for any injury |
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to a trespasser on the land, except that an owner, lessee, or |
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occupant owes a duty to refrain from injuring a trespasser |
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wilfully, wantonly, or through gross negligence. |
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(c) Notwithstanding Subsection (b), an owner, lessee, or |
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occupant of land may be liable for injury to a child younger than 16 |
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years of age caused by a highly dangerous artificial condition on |
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the land if: |
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(1) the place where the artificial condition exists is |
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one upon which the owner, lessee, or occupant knew or reasonably |
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should have known that children were likely to trespass; |
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(2) the artificial condition is one that the owner, |
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lessee, or occupant knew or reasonably should have known existed |
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and that the owner, lessee, or occupant realized or should have |
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realized involved an unreasonable risk of death or serious bodily |
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harm to such children; |
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(3) the injured child did not discover the condition |
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or realize the risk involved in intermeddling with the condition or |
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coming within the area made dangerous by the condition; |
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(4) the utility to the owner, lessee, or occupant of |
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maintaining the artificial condition and the burden of eliminating |
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the danger were slight as compared with the risk to the child |
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involved; and |
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(5) the owner, lessee, or occupant failed to exercise |
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reasonable care to eliminate the danger or otherwise protect the |
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child. |
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(d) A child who is at least 14 years of age is presumed to |
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appreciate the risk of highly dangerous artificial conditions on |
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land, but this presumption may be overcome if the claimant proves |
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that the child, at the time of the injury, did not have the ability |
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to appreciate the risk. |
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(e) An owner, lessee, or occupant of land whose actions are |
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justified under Subchapter C or D, Chapter 9, Penal Code, is not |
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liable to a trespasser for damages arising from those actions. |
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(f) This section does not affect Sections 75.001, 75.002, |
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75.0021, 75.003, or 75.004 or create or increase the liability of |
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any person. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. 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, 2011. |
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