| 1 | 1 | | 81R5896 CAE-D |
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| 2 | 2 | | By: Bolton H.B. No. 2125 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the liability of a landowner that allows recreational |
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| 8 | 8 | | use of the landowner's land. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 75.002, Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended by amending Subsection (d) and adding Subsection |
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| 12 | 12 | | (d-1) to read as follows: |
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| 13 | 13 | | (d) Subsections (a) and [,] (b)[, and (c)] shall not limit |
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| 14 | 14 | | the liability of an owner, lessee, or occupant of real property who |
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| 15 | 15 | | has been grossly negligent or has acted with malicious intent or in |
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| 16 | 16 | | bad faith. |
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| 17 | 17 | | (d-1) Subsection (c) does not limit the liability of an |
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| 18 | 18 | | owner, lessee, or occupant of real property who has acted with |
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| 19 | 19 | | malicious intent or in bad faith. |
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| 20 | 20 | | SECTION 2. Chapter 75, Civil Practice and Remedies Code, is |
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| 21 | 21 | | amended by adding Section 75.005 to read as follows: |
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| 22 | 22 | | Sec. 75.005. ATTORNEY'S FEES. In an action brought under |
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| 23 | 23 | | this chapter, the court may award a prevailing party reasonable |
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| 24 | 24 | | attorney's fees and costs. |
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| 25 | 25 | | SECTION 3. Section 75.003(b), Civil Practice and Remedies |
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| 26 | 26 | | Code, is repealed. |
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| 27 | 27 | | SECTION 4. This Act applies only to a cause of action that |
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| 28 | 28 | | accrues on or after the effective date of this Act. A cause of |
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| 29 | 29 | | action that accrues before the effective date of this Act is |
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| 30 | 30 | | governed by the law in effect immediately before that date, and that |
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| 31 | 31 | | law is continued in effect for that purpose. |
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| 32 | 32 | | SECTION 5. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2009. |
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