Texas 2015 - 84th Regular

Texas House Bill HB262 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Miles, Rodriguez of Travis, Farrar H.B. No. 262
2		-	(Senate Sponsor - Creighton)
3		-	(In the Senate - Received from the House May 6, 2015;
4		-	May 7, 2015, read first time and referred to Committee on State
5		-	Affairs; May 21, 2015, reported favorably by the following vote:
6		-	Yeas 9, Nays 0; May 21, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 262
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to liability of an owner, lessee, or occupant of land that
13	6		allows land to be used as a community garden.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Chapter 75, Civil Practice and Remedies Code, is
16	9		amended by adding Section 75.0025 to read as follows:
17	10		Sec. 75.0025. LIMITED LIABILITY OF PERSONS ALLOWING CERTAIN
18	11		USES OF LAND. (a) In this section, "community garden" means the
19	12		premises used for recreational gardening by a group of people
20	13		residing in a neighborhood or community for the purpose of
21	14		providing fresh produce for the benefit of the residents of the
22	15		neighborhood or community.
23	16		(b) An owner, lessee, or occupant of land that gives
24	17		permission to another person to enter and use the land as a
25	18		community garden does not by giving that permission:
26	19		(1) ensure that the premises are safe; or
27	20		(2) assume responsibility or incur any liability for:
28	21		(A) damages arising from or related to any bodily
29	22		or other personal injury to or death of any person who enters the
30	23		premises for a purpose related to a community garden;
31	24		(B) property damage sustained by any person who
32	25		enters the premises for a purpose related to a community garden; or
33	26		(C) an act of a third party that occurs on the
34	27		premises.
35	28		(c) The doctrine of attractive nuisance does not apply to a
36	29		claim that is subject to this section.
37	30		(d) This section does not limit the liability of an owner,
38	31		lessee, or occupant of land for an injury caused by wilful or wanton
39	32		acts or gross negligence by the owner, lessee, or occupant.
40	33		(e) An owner, lessee, or occupant of land that allows the
41	34		use of the premises as a community garden shall post and maintain a
42	35		clearly readable sign in a clearly visible location on or near the
43	36		premises. The sign must contain the following warning language:
44	37		WARNING
45	38		TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND
46	39		REMEDIES CODE) LIMITS THE LIABILITY OF THE LANDOWNER,
47	40		LESSEE, OR OCCUPANT FOR DAMAGES ARISING FROM THE USE OF
48	41		THIS PROPERTY AS A COMMUNITY GARDEN.
49	42		SECTION 2. Section 75.003(b), Civil Practice and Remedies
50	43		Code, is amended to read as follows:
51	44		(b) This chapter does not affect the doctrine of attractive
52	45		nuisance, except:
53	46		(1) as provided by Section 75.0022(g) or 75.0025(c);
54	47		and
55	48		(2) the doctrine of attractive nuisance may not be the
56	49		basis for liability of an owner, lessee, or occupant of
57	50		agricultural land for any injury to a trespasser over the age of 16
58	51		years.
59	52		SECTION 3. The change in law made by this Act applies only
60	53		to a cause of action that accrues on or after the effective date of
61	54		this Act. A cause of action that accrues before the effective date
62	55		of this Act is governed by the law in effect immediately before that
63	56		date, and that law is continued in effect for that purpose.
64	57		SECTION 4. This Act takes effect September 1, 2015.
65		-	* * * * *
	58	+	______________________________ ______________________________
	59	+	President of the Senate Speaker of the House
	60	+	I certify that H.B. No. 262 was passed by the House on May 5,
	61	+	2015, by the following vote: Yeas 145, Nays 0, 2 present, not
	62	+	voting.
	63	+	______________________________
	64	+	Chief Clerk of the House
	65	+	I certify that H.B. No. 262 was passed by the Senate on May
	66	+	26, 2015, by the following vote: Yeas 31, Nays 0.
	67	+	______________________________
	68	+	Secretary of the Senate
	69	+	APPROVED: _____________________
	70	+	Date
	71	+	_____________________
	72	+	Governor