84R22505 CAE-D
 
  By: Miles, Rodriguez of Travis H.B. No. 262
 
  Substitute the following for H.B. No. 262:
 
  By:  Thompson of Harris C.S.H.B. No. 262
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to liability of an owner, lessee, or occupant of land that
  allows land to be used as a community garden.
         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 75.0025 to read as follows:
         Sec. 75.0025.  LIMITED LIABILITY OF PERSONS ALLOWING CERTAIN
  USES OF LAND. (a) In this section, "community garden" means the
  premises used for recreational gardening by a group of people
  residing in a neighborhood or community for the purpose of
  providing fresh produce for the benefit of the residents of the
  neighborhood or community.
         (b)  An owner, lessee, or occupant of land that gives
  permission to another person to enter and use the land as a
  community garden does not by giving that permission:
               (1)  ensure that the premises are safe; or
               (2)  assume responsibility or incur any liability for:
                     (A)  damages arising from or related to any bodily
  or other personal injury to or death of any person who enters the
  premises for a purpose related to a community garden;
                     (B)  property damage sustained by any person who
  enters the premises for a purpose related to a community garden; or
                     (C)  an act of a third party that occurs on the
  premises.
         (c)  The doctrine of attractive nuisance does not apply to a
  claim that is subject to this section.
         (d)  This section does not limit the liability of an owner,
  lessee, or occupant of land for an injury caused by wilful or wanton
  acts or gross negligence by the owner, lessee, or occupant.
         (e)  An owner, lessee, or occupant of land that allows the
  use of the premises as a community garden shall post and maintain a
  clearly readable sign in a clearly visible location on or near the
  premises. The sign must contain the following warning language:
  WARNING
               TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND
  REMEDIES CODE) LIMITS THE LIABILITY OF THE LANDOWNER,
  LESSEE, OR OCCUPANT FOR DAMAGES ARISING FROM THE USE OF
  THIS PROPERTY AS A COMMUNITY GARDEN.
         SECTION 2.  Section 75.003(b), Civil Practice and Remedies
  Code, is amended to read as follows:
         (b)  This chapter does not affect the doctrine of attractive
  nuisance, except:
               (1)  as provided by Section 75.0022(g) or 75.0025(c);
  and
               (2)  the doctrine of attractive nuisance may not be the
  basis for liability of an owner, lessee, or occupant of
  agricultural land for any injury to a trespasser over the age of 16
  years.
         SECTION 3.  The change in law made by this Act applies only
  to a cause of action that accrues on or after the effective date of
  this Act. A cause of action that accrues before the effective date
  of this Act is governed by the law in effect immediately before that
  date, and that law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2015.