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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of an owner, lessee, or occupant of real |
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property in connection with the use of or entry onto the property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 75.003(c), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(c) Except for a governmental unit, this chapter applies |
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only to an owner, lessee, or occupant of real property who: |
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(1) does not charge for entry to the premises; or |
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(2) charges for entry to the premises, but whose total |
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charges collected in the previous calendar year for all |
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recreational use of the entire premises of the owner, lessee, or |
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occupant are not more than 20 times the total amount of ad valorem |
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taxes imposed on the premises for the previous calendar year[; or |
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[(3) has liability insurance coverage in effect on an |
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act or omission described by Section 75.004(a) and in the amounts |
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equal to or greater than those provided by that section]. |
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SECTION 2. Section 75.004(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) The [Subject to Subsection (b), the] liability of an |
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owner, lessee, or occupant of agricultural land used for |
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recreational purposes for an act or omission by the owner, lessee, |
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or occupant relating to the premises that results in damages to a |
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person who has entered the premises is limited to a maximum amount |
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of $500,000 for each person and $1 million for each single |
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occurrence of bodily injury or death and $100,000 for each single |
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occurrence for injury to or destruction of property. In the case of |
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agricultural land, the total liability of an owner, lessee, or |
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occupant for a single occurrence is limited to $1 million, and the |
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liability also is subject to the limits for each single occurrence |
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of bodily injury or death and each single occurrence for injury to |
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or destruction of property stated in this subsection. |
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SECTION 3. Section 75.004(b), Civil Practice and Remedies |
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Code, is repealed. |
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SECTION 4. 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 accrued before the effective date |
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of this Act is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |