Texas Senate Bill SB1417

Texas 2011 - 82nd Regular

• Out of Senate Committee: 5/3/11
• Introduced: 3/10/11
• Voted on by Senate: 5/6/11
• Refer: 3/22/11
• Out of House Committee: 5/20/11
• Report Pass: 5/3/11
• Engrossed: 5/6/11
• Refer: 5/9/11
• Report Pass: 5/20/11

Caption

Relating to the limitation of liability of certain landowners.

Impact

The new provisions would provide substantial legal protection to owners of agricultural land, shielding them from potential lawsuits stemming from the actions of law enforcement. This could lead to an increase in the willingness of these landowners to cooperate with law enforcement, knowing they won't face liability for damages or injuries resulting from police actions on their property. However, these legal protections come with the caveat that they would not apply in cases where the landowner's actions involve gross negligence or intentional harm.

Summary

SB1417 seeks to amend the Civil Practice and Remedies Code in Texas by establishing limitations on the liability of landowners, particularly those who own agricultural land. The proposed changes specify that landowners, lessees, or occupants of such properties would not be held liable for any damages or injuries that arise as a result of actions by peace officers or federal law enforcement officials when those officers conduct operations on the land, regardless of whether they had permission to enter. This change is slated to impact legal interpretations of landowner liability significantly.

Contention

Notably, while this bill can streamline interactions between law enforcement and landowners, it raises concerns about accountability. Critics might argue that the bill could enable police actions on private property without sufficient recourse for individuals who might be impacted negatively by those activities. Landowners may be more insulated from liability, but this could also lead to situations where excessive force is used without consequence, as the ramifications for law enforcement agencies may diminish under these new protections.