Relating to limitation of certain liability of owners, lessees, and occupants of nonagricultural land.

The text as introduced · 544 words

90R40 AMF-F

By: Guillen
H.B. No. 310

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, 2027.