Texas Senate Bill SB1153

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/21/09
• Voted on by Senate: 4/30/09
• Out of House Committee: 5/21/09
• Voted on by House: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/28/09
• Passed: 6/19/09

Caption

Relating to the liability of a landowner for an act or omission of a firefighter or peace officer on the property of the landowner.

Impact

The bill specifically applies to acts or omissions by peace officers that take place after the effective date of September 1, 2009. It ensures that landowners are protected from civil liability if a peace officer accesses their property — a scenario which can include situations such as arresting suspects, conducting investigations, or responding to emergencies. By clarifying the boundaries of liability, SB1153 provides peace of mind to landowners and aims to foster a cooperative relationship between law enforcement and the public.

Summary

SB1153, introduced by Senator Hinojosa, aims to amend the Texas Civil Practice and Remedies Code by adding a provision that limits the liability of landowners for damages arising from the actions or omissions of peace officers on their property. This legislation acknowledges the challenges faced by landowners when peace officers, in the course of their duties, enter private property. The key provision establishes that a landowner will not be held liable for the actions of a peace officer as long as the officer is presumed to be acting within the scope of their authority during such an entry.

Contention

While the bill aims to protect landowners, there are potential concerns related to the autonomy of local governance and accountability of law enforcement. Critics may argue that this legislation could inadvertently shield peace officers from scrutiny and lessen the accountability that they should have when interacting with the public on private property. The balance between ensuring safety through lawful police action and protecting civil liberties is an ongoing debate that could lead to future discussions and amendments to this law.