81R5896 CAE-D
By: Bolton H.B. No. 2125
A BILL TO BE ENTITLED
AN ACT
relating to the liability of a landowner that allows recreational
use of the landowner's land.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 75.002, Civil Practice and Remedies
Code, is amended by amending Subsection (d) and adding Subsection
(d-1) to read as follows:
(d) Subsections (a) and [,] (b)[, and (c)] shall not limit
the liability of an owner, lessee, or occupant of real property who
has been grossly negligent or has acted with malicious intent or in
bad faith.
(d-1) Subsection (c) does not limit the liability of an
owner, lessee, or occupant of real property who has acted with
malicious intent or in bad faith.
SECTION 2. Chapter 75, Civil Practice and Remedies Code, is
amended by adding Section 75.005 to read as follows:
Sec. 75.005. ATTORNEY'S FEES. In an action brought under
this chapter, the court may award a prevailing party reasonable
attorney's fees and costs.
SECTION 3. Section 75.003(b), Civil Practice and Remedies
Code, is repealed.
SECTION 4. 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 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, 2009.