Texas 2011 - 82nd Regular

Texas House Bill HB1971 Compare Versions

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Old	New	Differences
1	1	82R19162 AJA-F
2	2	By: Jackson H.B. No. 1971
3	3	Substitute the following for H.B. No. 1971:
4	4	By: Lewis C.S.H.B. No. 1971
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the liability of a landowner for harm to a trespasser.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 75, Civil Practice and Remedies Code, is
12	12	amended by adding Section 75.007 to read as follows:
13	13	Sec. 75.007. TRESPASSERS. (a) In this section,
14	14	"trespasser" means a person who enters the land of another without
15	15	any legal right, express or implied.
16	16	(b) An owner, lessee, or occupant of land does not owe a duty
17	17	of care to a trespasser on the land and is not liable for any injury
18	18	to a trespasser on the land, except that an owner, lessee, or
19	19	occupant owes a duty to refrain from injuring a trespasser
20	20	wilfully, wantonly, or through gross negligence.
21	21	(c) Notwithstanding Subsection (b), an owner, lessee, or
22	22	occupant of land may be liable for injury to a child caused by a
23	23	highly dangerous artificial condition on the land if:
24	24	(1) the place where the artificial condition exists is
25	25	one upon which the owner, lessee, or occupant knew or reasonably
26	26	should have known that children were likely to trespass;
27	27	(2) the artificial condition is one that the owner,
28	28	lessee, or occupant knew or reasonably should have known existed,
29	29	and that the owner, lessee, or occupant realized or should have
30	30	realized involved an unreasonable risk of death or serious bodily
31	31	harm to such children;
32	32	(3) the injured child, because of the child's youth,
33	33	did not discover the condition or realize the risk involved in
34	34	intermeddling with the condition or coming within the area made
35	35	dangerous by the condition;
36	36	(4) the utility to the owner, lessee, or occupant of
37	37	maintaining the artificial condition and the burden of eliminating
38	38	the danger were slight as compared with the risk to the child
39	39	involved; and
40	40	(5) the owner, lessee, or occupant failed to exercise
41	41	reasonable care to eliminate the danger or otherwise protect the
42	42	child.
43	43	(d) An owner, lessee, or occupant of land whose actions are
44	44	justified under Subchapter C or D, Chapter 9, Penal Code, is not
45	45	liable to a trespasser for damages arising from those actions.
46	46	(e) This section does not affect Section 75.001, 75.002,
47	47	75.0021, 75.003, or 75.004 or create or increase the liability of
48	48	any person.
49	49	SECTION 2. The change in law made by this Act applies only
50	50	to a cause of action that accrues on or after the effective date of
51	51	this Act. A cause of action that accrues before the effective date
52	52	of this Act is governed by the law in effect immediately before the
53	53	effective date of this Act, and that law is continued in effect for
54	54	that purpose.
55	55	SECTION 3. This Act takes effect immediately if it receives
56	56	a vote of two-thirds of all the members elected to each house, as
57	57	provided by Section 39, Article III, Texas Constitution. If this
58	58	Act does not receive the vote necessary for immediate effect, this
59	59	Act takes effect September 1, 2011.