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A BILL TO BE ENTITLED
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AN ACT
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relating to limitation of certain liability of owners, lessees, and |
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occupants of land in connection with livestock and agricultural |
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land. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 75.006, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 75.006. CERTAIN LIABILITY LIMITED IN CONNECTION WITH |
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LIVESTOCK OR AGRICULTURAL LAND [FOR ACTIONS OF FIREFIGHTER, FEDERAL |
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LAW ENFORCEMENT OFFICER, OR PEACE OFFICER]. (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) "Livestock" has the meaning assigned by Section |
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1.003, Agriculture Code. |
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(4) "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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(5) "Trespasser" has the meaning assigned by Section |
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75.007. |
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(b) A landowner or lessee is not liable for damages arising |
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from an incident or accident involving [caused by] livestock of the |
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landowner or lessee, regardless of whether the damage occurs on the |
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landowner's or lessee's property, due to: |
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(1) an act or omission of a firefighter or a peace |
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officer who has entered the landowner's or lessee's property with or |
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without the permission of the landowner or lessee; |
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(2) an act or omission of a trespasser who enters the |
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landowner's or lessee's property; |
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(3) an act or omission of a third party who enters the |
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landowner's or lessee's property without the landowner's or |
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lessee's express or implied permission and damages a fence or gate |
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on the property, including damage caused by a vehicle or other |
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means; or |
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(4) wildlife or an act of God[, regardless of whether |
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the damage occurs on the landowner's property]. |
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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, |
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regardless of whether the damage or injury occurs on the land, that |
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arises from: |
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(1) 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; |
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(2) the actions of a trespasser who enters the land; |
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(3) the actions of a third party who enters the land |
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without the landowner's, lessee's, or occupant's express or implied |
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permission and damages a fence or gate on the land, including damage |
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caused by a vehicle or other means; or |
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(4) wildlife or an act of God[, regardless of whether |
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the damage or injury occurs on the 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 |
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actions of a peace officer or federal law enforcement officer,] |
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enters or causes another person to enter the agricultural land |
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without the permission of the owner, lessee, or occupant because |
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of: |
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(1) the actions of a peace officer or federal law |
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enforcement officer; |
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(2) the actions of a trespasser who enters the land; |
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(3) the actions of a third party who, without the |
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landowner's, lessee's, or occupant's express or implied permission, |
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damages a fence or gate on the land, including damage caused by a |
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vehicle or other means; or |
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(4) wildlife or an act of God. |
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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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(f) Following the occurrence of an event described by |
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Subsections (b)(1)-(4), (c)(1)-(4), or (d)(1)-(4), the owner or |
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lessee of the land on which the event occurred shall cure a |
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resulting defect on the land, if any, in a reasonable time. |
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SECTION 2. Section 75.006, Civil Practice and Remedies |
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Code, as amended by this Act, applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrues before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |