| 1 | 1 | | 88R765 AJA-F |
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| 2 | 2 | | By: Johnson of Dallas H.B. No. 2432 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the liability of an owner, lessee, or occupant of real |
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| 8 | 8 | | property in connection with the use of or entry onto the property. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 75.003(c), Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | (c) Except for a governmental unit, this chapter applies |
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| 13 | 13 | | only to an owner, lessee, or occupant of real property who: |
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| 14 | 14 | | (1) does not charge for entry to the premises; or |
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| 15 | 15 | | (2) charges for entry to the premises, but whose total |
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| 16 | 16 | | charges collected in the previous calendar year for all |
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| 17 | 17 | | recreational use of the entire premises of the owner, lessee, or |
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| 18 | 18 | | occupant are not more than 20 times the total amount of ad valorem |
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| 19 | 19 | | taxes imposed on the premises for the previous calendar year[; or |
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| 20 | 20 | | [(3) has liability insurance coverage in effect on an |
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| 21 | 21 | | act or omission described by Section 75.004(a) and in the amounts |
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| 22 | 22 | | equal to or greater than those provided by that section]. |
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| 23 | 23 | | SECTION 2. Section 75.004(a), Civil Practice and Remedies |
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| 24 | 24 | | Code, is amended to read as follows: |
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| 25 | 25 | | (a) The [Subject to Subsection (b), the] liability of an |
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| 26 | 26 | | owner, lessee, or occupant of agricultural land used for |
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| 27 | 27 | | recreational purposes for an act or omission by the owner, lessee, |
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| 28 | 28 | | or occupant relating to the premises that results in damages to a |
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| 29 | 29 | | person who has entered the premises is limited to a maximum amount |
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| 30 | 30 | | of $500,000 for each person and $1 million for each single |
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| 31 | 31 | | occurrence of bodily injury or death and $100,000 for each single |
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| 32 | 32 | | occurrence for injury to or destruction of property. In the case of |
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| 33 | 33 | | agricultural land, the total liability of an owner, lessee, or |
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| 34 | 34 | | occupant for a single occurrence is limited to $1 million, and the |
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| 35 | 35 | | liability also is subject to the limits for each single occurrence |
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| 36 | 36 | | of bodily injury or death and each single occurrence for injury to |
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| 37 | 37 | | or destruction of property stated in this subsection. |
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| 38 | 38 | | SECTION 3. Section 75.004(b), Civil Practice and Remedies |
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| 39 | 39 | | Code, is repealed. |
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| 40 | 40 | | SECTION 4. The change in law made by this Act applies only |
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| 41 | 41 | | to a cause of action that accrues on or after the effective date of |
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| 42 | 42 | | this Act. A cause of action that accrued before the effective date |
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| 43 | 43 | | of this Act is governed by the law applicable to the cause of action |
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| 44 | 44 | | immediately before the effective date of this Act, and that law is |
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| 45 | 45 | | continued in effect for that purpose. |
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| 46 | 46 | | SECTION 5. This Act takes effect September 1, 2023. |
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