By: Hinojosa S.B. No. 1153
(In the Senate - Filed February 26, 2009; March 13, 2009,
read first time and referred to Committee on State Affairs;
April 21, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 21, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1153 By: Van de Putte
A BILL TO BE ENTITLED
AN ACT
relating to the liability of a landowner for an act or omission of a
firefighter or peace officer on the property of the landowner.
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 75.006 to read as follows:
Sec. 75.006. LIABILITY LIMITED FOR ACTIONS OF FIREFIGHTER
OR PEACE OFFICER. (a) In this section:
(1) "Firefighter" means a member of a fire department
who performs a function listed in Section 419.021(3)(C), Government
Code.
(2) "Livestock" has the meaning assigned by Section
1.003, Agriculture Code.
(3) "Peace officer" has the meaning assigned by
Section 1.07, Penal Code, or other state or federal law.
(b) A landowner is not liable for damages arising from an
incident or accident caused by livestock of the landowner due to an
act or omission of a firefighter or a peace officer who has entered
the landowner's property with or without the permission of the
landowner, regardless of whether the damage occurs on the
landowner's property.
SECTION 2. The change in law made by this Act applies only
to an act or omission of a firefighter or peace officer that occurs
on or after the effective date of this Act. An act or omission of a
firefighter or peace officer that occurred before the effective
date of this Act is covered by the law in effect when the act or
omission occurred, and the former law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2009.
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