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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 Subsections |
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(c), (d), and (e) 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) An owner, lessee, or occupant of agricultural land is |
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not liable for any damage or injury to any person or property that |
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arises from the actions of a peace officer or federal law |
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enforcement officer when the officer enters or causes another |
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person to enter the agricultural land with or without the |
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permission of the owner, lessee, or occupant. The owner, lessee, or |
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occupant of agricultural land is not liable for the damage or injury |
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regardless of whether the damage or injury occurs on the |
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agricultural land. |
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(d) The owner, lessee, or occupant of agricultural land is |
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not liable for any damage or injury to any person or property that |
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arises from the actions of an individual who, because of the actions |
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of a peace officer or federal law enforcement officer, enters or |
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causes another person to enter the agricultural land without the |
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permission of the owner, lessee, or occupant. |
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(e) This section does not limit the liability of an owner, |
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lessee, or occupant of agricultural land for any damage or injury |
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that arises from a wilful or wanton act or gross negligence by the |
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owner, lessee, or occupant. |
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SECTION 3. The change in law made by this Act applies only |
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to an action that occurs on or after the effective date of this Act. |
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An action that occurred before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |