2011S0565-1 03/04/11
By: Lozano H.B. No. 2950
A BILL TO BE ENTITLED
AN ACT
relating to the limitation of liability of certain landowners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 75.006, Civil Practice
and Remedies Code, is amended to read as follows:
Sec. 75.006. LIABILITY LIMITED FOR ACTIONS OF FIREFIGHTER,
FEDERAL LAW ENFORCEMENT OFFICER, OR PEACE OFFICER.
SECTION 2. Section 75.006, Civil Practice and Remedies
Code, is amended by amending Subsection (a) and adding Subsection
(c) to read as follows:
(a) In this section:
(1) "Federal law enforcement officer" means a law
enforcement officer as defined by 5 U.S.C. Section 8331(20).
(2) "Firefighter" means a member of a fire department
who performs a function listed in Section 419.021(3)(C), Government
Code.
(3) [(2)] "Livestock" has the meaning assigned by
Section 1.003, Agriculture Code.
(4) [(3)] "Peace officer" has the meaning assigned by
Section 1.07, Penal Code, or other state or federal law.
(c) A landowner is not liable for any damages or injury to
any person or property that arises from the actions of a peace
officer or federal law enforcement officer when such officer enters
or causes another person to enter the landowner's property with or
without the landowner's permission. A landowner is not liable for
such damages or injury regardless of whether the damages or injury
occurs on the landowner's property.
(d) A landowner is not liable for any damages or injury to
any person or property that arises from the actions of an individual
who, because of the actions of a peace officer or federal law
enforcement officer, enters or causes another person to enter the
landowner's property without the landowner's permission.
SECTION 3. Subsection (a), Section 75.002, Civil Practice
and Remedies Code, is amended to read as follows:
(a) An owner, lessee, or occupant of agricultural land or
real property other than agricultural land:
(1) does not owe a duty of care to a trespasser on the
property [land]; and
(2) is not liable for any injury to a trespasser on the
property [land], except for wilful or wanton acts or gross
negligence by the owner, lessee, or other occupant of the property
[agricultural land].
SECTION 4. The change in law made by this Act applies only
to an act or omission that occurs on or after the effective date of
this Act. An act or omission that occurred before the effective
date of this Act is governed by the law in effect immediately before
the effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 5. This Act takes effect September 1, 2011.