Texas 2023 - 88th Regular

Texas House Bill HB73

Filed
11/14/22  
Out of House Committee
3/21/23  
Voted on by House
4/18/23  
Out of Senate Committee
5/15/23  
Voted on by Senate
5/19/23  
Governor Action
6/9/23  

Caption

Relating to limitation of certain liability of owners, lessees, and occupants of land in connection with livestock and agricultural land.

Impact

The passage of HB 73 is expected to reduce the legal risks faced by landowners, ranchers, and farmers by shielding them from liabilities that were previously applicable when trespassers' actions resulted in property damage or accidents. By limiting the circumstances under which a landowner can be held liable, the bill aims to provide a more secure operating environment for agricultural families who often find themselves under threat from unauthorized entries and the subsequent legal consequences that may arise. The bill also reflects a broader effort to address challenges faced by rural communities who are adversely affected by rising crime and trespassing incidents.

Summary

House Bill 73, filed by Representative Murr, aims to limit the liability of landowners and occupants of agricultural land in circumstances where damage is caused by trespassers. The bill specifically amends Section 75.006 of the Civil Practice and Remedies Code to provide protections for landowners against claims arising from incidents involving livestock, including those caused by actions of unauthorized individuals, wildlife, or acts of God. A significant factor for the introduction of this bill is the increasing incidents of trespassers cutting fences and allowing livestock to wander onto roadways, particularly along the Texas-Mexico border, creating safety concerns for farms and ranches in the area.

Sentiment

The sentiment surrounding the bill appears largely supportive, especially among agricultural groups and landowners. Testimonies during committee discussions highlighted the burdens faced by Texas farming and ranching families due to ongoing trespassing issues and related accidents. Stakeholders emphasized the need for protection from what they perceive as unfair liability standards that disproportionately threaten their livelihoods. There was a consensus in legislative discussions that action was necessary to protect rural residents, although concerns may arise regarding the full implications of limiting landowner liability and ensuring sufficient safeguards for community safety.

Contention

While HB 73 passed with unanimous support in both the House and Senate, it raises potential contentions regarding whether landowners should be held accountable for all damages or injuries involving trespassers. Critics argue that limiting liability too broadly might lead to insufficient accountability for owner negligence. However, the overwhelming support indicates a collective recognition among legislators of the need to ease the legal burdens on landowners in the context of agricultural operations. Notable points of contention may emerge if instances arise where damage occurs that advocates argue could have been prevented through greater diligence from landowners.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 75. Limitation Of Landowners' Liability
    • Section: 006
    • Section: 006
    • Section: 006
    • Section: 006
    • Section: 006

Agriculture Code

  • Chapter 1. General Provisions
    • Section: New Section

Penal Code

  • Chapter 1. General Provisions
    • Section: New Section

Government Code

  • Chapter 419. Texas Commission On Fire Protection
    • Section: 021

Companion Bills

TX SB815

Similar Relating to limitation of certain liability of owners, lessees, and occupants of land in connection with livestock and agricultural land.

Similar Bills

No similar bills found.