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AN ACT
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relating to the liability of landowners for damage or injury, |
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including liability for harm to a trespasser. |
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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, 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 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. Chapter 75, Civil Practice and Remedies Code, is |
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amended by adding Section 75.007 to read as follows: |
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Sec. 75.007. TRESPASSERS. (a) In this section, |
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"trespasser" means a person who enters the land of another without |
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any legal right, express or implied. |
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(b) An owner, lessee, or occupant of land does not owe a duty |
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of care to a trespasser on the land and is not liable for any injury |
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to a trespasser on the land, except that an owner, lessee, or |
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occupant owes a duty to refrain from injuring a trespasser |
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wilfully, wantonly, or through gross negligence. |
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(c) Notwithstanding Subsection (b), an owner, lessee, or |
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occupant of land may be liable for injury to a child caused by a |
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highly dangerous artificial condition on the land if: |
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(1) the place where the artificial condition exists is |
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one upon which the owner, lessee, or occupant knew or reasonably |
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should have known that children were likely to trespass; |
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(2) the artificial condition is one that the owner, |
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lessee, or occupant knew or reasonably should have known existed, |
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and that the owner, lessee, or occupant realized or should have |
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realized involved an unreasonable risk of death or serious bodily |
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harm to such children; |
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(3) the injured child, because of the child's youth, |
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did not discover the condition or realize the risk involved in |
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intermeddling with the condition or coming within the area made |
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dangerous by the condition; |
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(4) the utility to the owner, lessee, or occupant of |
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maintaining the artificial condition and the burden of eliminating |
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the danger were slight as compared with the risk to the child |
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involved; and |
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(5) the owner, lessee, or occupant failed to exercise |
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reasonable care to eliminate the danger or otherwise protect the |
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child. |
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(d) An owner, lessee, or occupant of land whose actions are |
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justified under Subchapter C or D, Chapter 9, Penal Code, is not |
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liable to a trespasser for damages arising from those actions. |
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(e) This section does not affect Section 75.001, 75.002, |
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75.0021, 75.003, or 75.004 or create or increase the liability of |
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any person. |
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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 accrues before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1160 passed the Senate on |
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March 31, 2011, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 9, 2011, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1160 passed the House, with |
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amendments, on May 4, 2011, by the following vote: Yeas 130, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |