| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to limitation of certain liability of owners, lessees, and |
|
|
occupants of nonagricultural land. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 75, Civil Practice and Remedies Code, is |
|
|
amended by adding Section 75.0065 to read as follows: |
|
|
Sec. 75.0065. CERTAIN LIABILITY LIMITED IN CONNECTION WITH |
|
|
NONAGRICULTURAL LAND. (a) In this section: |
|
|
(1) "Federal law enforcement officer" means a law |
|
|
enforcement officer as defined by 5 U.S.C. Section 8331(20). |
|
|
(2) "Firefighter" means a member of a fire department |
|
|
who performs a function listed in Section 419.021(3)(C), Government |
|
|
Code. |
|
|
(3) "Peace officer" has the meaning assigned by |
|
|
Section 1.07, Penal Code, or other state or federal law. |
|
|
(4) "Trespasser" has the meaning assigned by Section |
|
|
75.007. |
|
|
(b) An owner, lessee, or occupant of nonagricultural land is |
|
|
not liable for any damage or injury to any person or property, |
|
|
regardless of whether the damage or injury occurs on the land, that |
|
|
arises from: |
|
|
(1) the actions or omissions of a peace officer or |
|
|
federal law enforcement officer when the officer enters or causes |
|
|
another person to enter the land with or without the permission of |
|
|
the owner, lessee, or occupant; |
|
|
(2) the actions or omissions of a firefighter when the |
|
|
firefighter enters or causes another person to enter the land with |
|
|
or without the permission of the owner, lessee, or occupant; |
|
|
(3) the actions or omissions of a trespasser who |
|
|
enters the land; |
|
|
(4) the actions or omissions of a third party who |
|
|
enters the land without the owner's, lessee's, or occupant's express |
|
|
or implied permission and damages a fence or gate on the land, |
|
|
including damage caused by a vehicle or other means; or |
|
|
(5) wildlife or an act of God. |
|
|
(c) The owner, lessee, or occupant of nonagricultural land |
|
|
is not liable for any damage or injury to any person or property |
|
|
that arises from the actions of an individual who enters or causes |
|
|
another person to enter the land without the permission of the |
|
|
owner, lessee, or occupant because of: |
|
|
(1) the actions or omissions of a peace officer, |
|
|
federal law enforcement officer, or firefighter; |
|
|
(2) the actions or omissions of a trespasser who |
|
|
enters the land; |
|
|
(3) the actions or omissions of a third party who, |
|
|
without the owner's, lessee's, or occupant's express or implied |
|
|
permission, damages a fence or gate on the land, including damage |
|
|
caused by a vehicle or other means; or |
|
|
(4) wildlife or an act of God. |
|
|
(d) This section does not limit the liability of an owner, |
|
|
lessee, or occupant of nonagricultural land for any damage or |
|
|
injury that arises from a wilful or wanton act or gross negligence |
|
|
by the owner, lessee, or occupant. |
|
|
SECTION 2. Section 75.0065, Civil Practice and Remedies |
|
|
Code, as added by this Act, applies only to a cause of action that |
|
|
accrues on or after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2025. |