H.B. No. 262
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 the
premises used for recreational gardening by a 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) The doctrine of attractive nuisance does not apply to a
claim that is subject to this section.
(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) This chapter does not affect the doctrine of attractive
nuisance, except:
(1) as provided by Section 75.0022(g) or 75.0025(c);
and
(2) the doctrine of attractive nuisance 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, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 262 was passed by the House on May 5,
2015, by the following vote: Yeas 145, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 262 was passed by the Senate on May
26, 2015, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor