Texas House Bill HB1794

Texas 2021 - 87th Regular

Caption

Relating to the liability of an owner, lessee, or occupant of real property in connection with the use of or entry onto the property.

Impact

By amending Section 75.004 of the Civil Practice and Remedies Code, HB1794 establishes a framework that limits the liability to a maximum of $500,000 for bodily injury or death per person, and $1 million for a single occurrence. For property damage, the limit is set at $100,000. These changes are intended to provide protective measures for landowners while encouraging the use of their property for recreational purposes, potentially fostering increased participation in outdoor activities and tourism within the state.

Summary

House Bill 1794 addresses the liability concerns of owners, lessees, or occupants of real property regarding the use of or entry onto their land, particularly in recreational contexts. The bill aims to amend specific sections of the Civil Practice and Remedies Code to clarify and limit the legal responsibilities of property owners when individuals enter their premises for recreational activities. This is particularly relevant for agricultural land, where the bill sets monetary caps on potential damages arising from incidents that occur on such properties.

Contention

Notably, while the bill is designed to provide liability protection to property owners, it may also lead to debates around the adequacy of these protections for individuals who suffer injuries on such properties. Opponents may argue that limiting liability could disincentivize property owners from maintaining safe environments or could lead to victims being unable to recover sufficient compensation following accidents. Thus, the bill's provisions raise important questions about the balance between encouraging land use and ensuring safety for visitors.