S.B. No. 1160

	AN ACT
	relating to the liability of landowners for damage or injury,
	including liability for harm to a trespasser.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Section 75.006, Civil Practice
	and Remedies Code, is amended to read as follows:
	Sec. 75.006.  LIABILITY LIMITED FOR ACTIONS OF FIREFIGHTER,
	FEDERAL LAW ENFORCEMENT OFFICER, OR PEACE OFFICER.
	SECTION 2.  Section 75.006, Civil Practice and Remedies
	Code, is amended by amending Subsection (a) and adding Subsections
	(c), (d), and (e) to read as follows:
	(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) [(2)]  "Livestock" has the meaning assigned by
	Section 1.003, Agriculture Code.
	(4) [(3)]  "Peace officer" has the meaning assigned by
	Section 1.07, Penal Code, or other state or federal law.
	(c)  An owner, lessee, or occupant of agricultural land is
	not liable for any damage or injury to any person or property that
	arises from the actions of a peace officer or federal law
	enforcement officer when the officer enters or causes another
	person to enter the agricultural land with or without the
	permission of the owner, lessee, or occupant, regardless of whether
	the damage or injury occurs on the agricultural land.
	(d)  The owner, lessee, or occupant of agricultural land is
	not liable for any damage or injury to any person or property that
	arises from the actions of an individual who, because of the actions
	of a peace officer or federal law enforcement officer, enters or
	causes another person to enter the agricultural land without the
	permission of the owner, lessee, or occupant.
	(e)  This section does not limit the liability of an owner,
	lessee, or occupant of agricultural land for any damage or injury
	that arises from a wilful or wanton act or gross negligence by the
	owner, lessee, or occupant.
	SECTION 3.  Chapter 75, Civil Practice and Remedies Code, is
	amended by adding Section 75.007 to read as follows:
	Sec. 75.007.  TRESPASSERS. (a)  In this section,
	"trespasser" means a person who enters the land of another without
	any legal right, express or implied.
	(b)  An owner, lessee, or occupant of land does not owe a duty
	of care to a trespasser on the land and is not liable for any injury
	to a trespasser on the land, except that an owner, lessee, or
	occupant owes a duty to refrain from injuring a trespasser
	wilfully, wantonly, or through gross negligence.
	(c)  Notwithstanding Subsection (b), an owner, lessee, or
	occupant of land may be liable for injury to a child caused by a
	highly dangerous artificial condition on the land if:
	(1)  the place where the artificial condition exists is
	one upon which the owner, lessee, or occupant knew or reasonably
	should have known that children were likely to trespass;
	(2)  the artificial condition is one that the owner,
	lessee, or occupant knew or reasonably should have known existed,
	and that the owner, lessee, or occupant realized or should have
	realized involved an unreasonable risk of death or serious bodily
	harm to such children;
	(3)  the injured child, because of the child's youth,
	did not discover the condition or realize the risk involved in
	intermeddling with the condition or coming within the area made
	dangerous by the condition;
	(4)  the utility to the owner, lessee, or occupant of
	maintaining the artificial condition and the burden of eliminating
	the danger were slight as compared with the risk to the child
	involved; and
	(5)  the owner, lessee, or occupant failed to exercise
	reasonable care to eliminate the danger or otherwise protect the
	child.
	(d)  An owner, lessee, or occupant of land whose actions are
	justified under Subchapter C or D, Chapter 9, Penal Code, is not
	liable to a trespasser for damages arising from those actions.
	(e)  This section does not affect Section 75.001, 75.002,
	75.0021, 75.003, or 75.004 or create or increase the liability of
	any person.
	SECTION 4.  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 the
	effective date of this Act, and that law is continued in effect for
	that purpose.
	SECTION 5.  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, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1160 passed the Senate on
	March 31, 2011, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendments on May 9, 2011, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1160 passed the House, with
	amendments, on May 4, 2011, by the following vote: Yeas 130,
	Nays 0, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor