Texas House Bill HB2432

Texas 2023 - 88th Regular

• Filed: 2/16/23

Caption

Relating to the liability of an owner, lessee, or occupant of real property in connection with the use of or entry onto the property.

Impact

The implications of HB 2432 are significant, particularly for rural landowners in Texas. The bill seeks to eliminate the current liability limitations that dictate that landowners can cap their damages only under specific circumstances, such as charging a fee for access to their property. By allowing landowners greater latitude in permitting usage of their property without the fear of lawsuits, the bill is intended to encourage recreational activities on private land. However, critics argue that this would dismantle previous liability protections that have safeguarded landowners since 2011, potentially exposing them to greater legal risks without sufficient justification.

Summary

House Bill 2432, introduced by Vice Chair Johnson, addresses the liability of owners, lessees, or occupants of real estate in relation to the use of or entry onto their properties. The bill amends the existing recreational use statute codified in Chapter 75 of the Civil Practice and Remedies Code, which was originally designed to protect private landowners who allow recreational access to their land. The proposed changes aim to broaden this protection and modify the conditions under which landowners can limit their liability, essentially allowing them to offer their land for recreational use without the risk of incurring legal damages if a guest is injured.

Sentiment

The sentiment surrounding HB 2432 is divided, with advocates viewing it as a necessary legislative reform that empowers landowners and promotes the enjoyment of recreational spaces. Supporters argue that creating a safe environment for landowners to invite guests to their properties fosters community engagement and encourages outdoor activities. Conversely, opponents, including representatives from property rights associations, contend that the bill's provisions could leave rural landowners vulnerable to frivolous lawsuits, thus compromising their financial stability and livelihood.

Contention

Central to the contention surrounding HB 2432 is the perceived balance between landowner protection and the rights of users who may be injured on these properties. While the bill proposes to ease the legal burdens on landowners, critics fear that it may lead to a decline in accountability for property owners. The debate underscores a fundamental clash between property rights and public safety, as stakeholders such as agricultural producers express worry about the potential risks introduced by the elimination of certain liability protections.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 75. Limitation Of Landowners' Liability
  • Section: New Section