83R3472 TJS-D
By: Miles H.B. No. 1652
A BILL TO BE ENTITLED
AN ACT
relating to liability of an owner, lessee, or occupant of land that
allows land to be used as a community garden.
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 75.0025 to read as follows:
Sec. 75.0025. LIMITED LIABILITY OF PERSONS ALLOWING CERTAIN
USES OF LAND. (a) In this section, "community garden" means land
gardened by a cooperative group of people residing in a
neighborhood or community for the purpose of providing fresh
produce for the benefit of the residents of the neighborhood or
community.
(b) An owner, lessee, or occupant of land that gives
permission to another person to enter and use the land as a
community garden does not by giving that permission:
(1) ensure that the premises are safe; or
(2) assume responsibility or incur any liability for:
(A) damages arising from or related to any bodily
or other personal injury to or death of any person who enters the
premises for a purpose related to a community garden;
(B) property damage sustained by any person who
enters the premises for a purpose related to a community garden; or
(C) an act of a third party that occurs on the
premises.
(c) Subsection (b) applies to a claim for damages asserting
the doctrine of attractive nuisance.
(d) This section does not limit the liability of an owner,
lessee, or occupant of land for an injury caused by wilful or wanton
acts or gross negligence by the owner, lessee, or occupant.
(e) An owner, lessee, or occupant of land that allows the
use of the premises as a community garden shall post and maintain a
clearly readable sign in a clearly visible location on or near the
premises. The sign must contain the following warning language:
WARNING
TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND
REMEDIES CODE) LIMITS THE LIABILITY OF THE LANDOWNER,
LESSEE, OR OCCUPANT FOR DAMAGES ARISING FROM THE USE OF
THIS PROPERTY AS A COMMUNITY GARDEN.
SECTION 2. Section 75.003(b), Civil Practice and Remedies
Code, is amended to read as follows:
(b) Except as provided by Section 75.0025, this [This]
chapter does not affect the doctrine of attractive nuisance, except
that the doctrine may not be the basis for liability of an owner,
lessee, or occupant of agricultural land for any injury to a
trespasser over the age of 16 years.
SECTION 3. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law in effect immediately before that
date, and that law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2013.