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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of an owner, lessee, or occupant of land that |
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allows land to be used as a community garden. |
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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 75.0025 to read as follows: |
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Sec. 75.0025. LIMITED LIABILITY OF PERSONS ALLOWING CERTAIN |
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USES OF LAND. (a) In this section, "community garden" means land |
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gardened by a cooperative group of people residing in a |
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neighborhood or community for the purpose of providing fresh |
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produce for the benefit of the residents of the neighborhood or |
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community. |
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(b) An owner, lessee, or occupant of land that gives |
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permission to another person to enter and use the land as a |
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community garden does not by giving that permission: |
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(1) ensure that the premises are safe; or |
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(2) assume responsibility or incur any liability for: |
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(A) damages arising from or related to any bodily |
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or other personal injury to or death of any person who enters the |
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premises for a purpose related to a community garden; |
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(B) property damage sustained by any person who |
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enters the premises for a purpose related to a community garden; or |
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(C) an act of a third party that occurs on the |
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premises. |
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(c) Subsection (b) applies to a claim for damages asserting |
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the doctrine of attractive nuisance. |
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(d) This section does not limit the liability of an owner, |
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lessee, or occupant of land for an injury caused by wilful or wanton |
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acts or gross negligence by the owner, lessee, or occupant. |
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(e) An owner, lessee, or occupant of land that allows the |
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use of the premises as a community garden shall post and maintain a |
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clearly readable sign in a clearly visible location on or near the |
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premises. The sign must contain the following warning language: |
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WARNING |
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TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND |
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REMEDIES CODE) LIMITS THE LIABILITY OF THE LANDOWNER, |
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LESSEE, OR OCCUPANT FOR DAMAGES ARISING FROM THE USE OF |
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THIS PROPERTY AS A COMMUNITY GARDEN. |
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SECTION 2. Section 75.003(b), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(b) Except as provided by Section 75.0025, this [This] |
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chapter does not affect the doctrine of attractive nuisance, except |
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that the doctrine may not be the basis for liability of an owner, |
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lessee, or occupant of agricultural land for any injury to a |
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trespasser over the age of 16 years. |
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SECTION 3. 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 that |
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date, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |