Texas House Bill HB2125

Texas 2009 - 81st Regular

Caption

Relating to the liability of a landowner that allows recreational use of the landowner's land.

Impact

The bill introduces a provision that allows for the awarding of reasonable attorney's fees to the prevailing party in any actions brought under this chapter. This clause aims to decrease the financial burden on individuals who pursue legal claims related to landowner liability for recreational injuries, potentially making it easier for injured parties to seek justice. Furthermore, it specifies that the act would only apply to actions accruing post-enactment, thereby protecting any claims that arise before its effective date, which could be a point of concern for some landowners as it alters existing legal protections.

Summary

House Bill 2125 pertains to the liability of landowners permitting recreational use of their property. The legislation amends the Texas Civil Practice and Remedies Code, specifically Section 75.002, to clarify the conditions under which a landowner, lessee, or occupant will not be liable for damages resulting from recreational use of their land. The revisions emphasize that if the landowner's actions are marked by gross negligence or malicious intent, they would still be held liable, ensuring a degree of accountability.

Contention

There are potential areas of contention surrounding HB2125, particularly regarding how the definitions of gross negligence and malicious intent are understood and applied in legal contexts. Critics within legal and land use advocacy circles may argue that the bill could create a chilling effect, discouraging landowners from permitting recreational use due to the fear of increased litigation risk. Conversely, supporters may assert that this legislation fosters a safer environment for recreational activities while balancing the interests of both landowners and recreational users.