89R6109 AMF-F
By: Guillen H.B. No. 1990
A BILL TO BE ENTITLED
AN ACT
relating to limitation of certain liability of owners, lessees, and
occupants of nonagricultural land.
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 75.0065 to read as follows:
Sec. 75.0065. CERTAIN LIABILITY LIMITED IN CONNECTION WITH
NONAGRICULTURAL LAND. (a) In this section:
(1) "Federal law enforcement officer" means a law
enforcement officer as defined by 5 U.S.C. Section 8331(20).
(2) "Firefighter" means a member of a fire department
who performs a function listed in Section 419.021(3)(C), Government
Code.
(3) "Peace officer" has the meaning assigned by
Section 1.07, Penal Code, or other state or federal law.
(4) "Trespasser" has the meaning assigned by Section
75.007.
(b) An owner, lessee, or occupant of nonagricultural land is
not liable for any damage or injury to any person or property,
regardless of whether the damage or injury occurs on the land, that
arises from:
(1) the actions or omissions of a peace officer or
federal law enforcement officer when the officer enters or causes
another person to enter the land with or without the permission of
the owner, lessee, or occupant;
(2) the actions or omissions of a firefighter when the
firefighter enters or causes another person to enter the land with
or without the permission of the owner, lessee, or occupant;
(3) the actions or omissions of a trespasser who
enters the land;
(4) the actions or omissions of a third party who
enters the land without the owner's, lessee's, or occupant's express
or implied permission and damages a fence or gate on the land,
including damage caused by a vehicle or other means; or
(5) wildlife or an act of God.
(c) The owner, lessee, or occupant of nonagricultural land
is not liable for any damage or injury to any person or property
that arises from the actions of an individual who enters or causes
another person to enter the land without the permission of the
owner, lessee, or occupant because of:
(1) the actions or omissions of a peace officer,
federal law enforcement officer, or firefighter;
(2) the actions or omissions of a trespasser who
enters the land;
(3) the actions or omissions of a third party who,
without the owner's, lessee's, or occupant's express or implied
permission, damages a fence or gate on the land, including damage
caused by a vehicle or other means; or
(4) wildlife or an act of God.
(d) This section does not limit the liability of an owner,
lessee, or occupant of nonagricultural land for any damage or
injury that arises from a wilful or wanton act or gross negligence
by the owner, lessee, or occupant.
SECTION 2. Section 75.0065, Civil Practice and Remedies
Code, as added by this Act, applies only to a cause of action that
accrues on or after the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.