BILL ANALYSIS H.B. 1990 By: Guillen Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Current statute does not provide explicit protections for landowners from claims arising from certain incidents that occur on their land, such as actions by law enforcement officers, firefighters, trespassers, or third parties. The bill author has informed the committee that this lack of clarity may result in landowners, lessees, and occupants of nonagricultural land facing liability for damages or injuries that occur on their property and lead to undue legal and financial burdens for these persons, particularly in cases where the entry or actions on the land were unauthorized or beyond the person's control. H.B. 1990 seeks to limit the liability of landowners, lessees, and occupants of nonagricultural land and ensure that they are not held liable for damages or injuries resulting from the actions of peace officers, federal law enforcement officers, firefighters, trespassers, or third parties under specified circumstances or from wildlife or an act of God. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 1990 amends the Civil Practice and Remedies Code to exempt an owner, lessee, or occupant of nonagricultural land from liability for any damage or injury to any person or property, regardless of whether the damage or injury occurs on the land, that arises from the following: wildlife or an act of God; or the actions or omissions of one of the following: o a peace officer, federal law enforcement officer, or firefighter when the officer or firefighter enters or causes another person to enter the land with or without the permission of the owner, lessee, or occupant; o a trespasser who enters the land; or o 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. The bill also exempts an owner, lessee, or occupant of nonagricultural land from liability 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 the following: wildlife or an act of God; or the actions or omissions of a peace officer, federal law enforcement officer, or firefighter; a trespasser who enters the land without any legal right, express or implied; or 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. The bill expressly 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. H.B. 1990 defines the following terms: "federal law enforcement officer" by reference to federal law; "firefighter" as a member of a fire department who performs a function that is specified as necessarily or customarily related to fire prevention or suppression in Government Code provisions governing the Texas Commission on Fire Protection; "peace officer" by reference to its meaning in the Penal Code or other state or federal law; and "trespasser" by reference as a person who enters the land of another without any legal right, express or implied. The bill applies only to a cause of action that accrues on or after the bill's effective date. EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 1990
By: Guillen
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
H.B. 1990
By: Guillen
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Current statute does not provide explicit protections for landowners from claims arising from certain incidents that occur on their land, such as actions by law enforcement officers, firefighters, trespassers, or third parties. The bill author has informed the committee that this lack of clarity may result in landowners, lessees, and occupants of nonagricultural land facing liability for damages or injuries that occur on their property and lead to undue legal and financial burdens for these persons, particularly in cases where the entry or actions on the land were unauthorized or beyond the person's control. H.B. 1990 seeks to limit the liability of landowners, lessees, and occupants of nonagricultural land and ensure that they are not held liable for damages or injuries resulting from the actions of peace officers, federal law enforcement officers, firefighters, trespassers, or third parties under specified circumstances or from wildlife or an act of God.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 1990 amends the Civil Practice and Remedies Code to exempt an owner, lessee, or occupant of nonagricultural land from liability for any damage or injury to any person or property, regardless of whether the damage or injury occurs on the land, that arises from the following: wildlife or an act of God; or the actions or omissions of one of the following: o a peace officer, federal law enforcement officer, or firefighter when the officer or firefighter enters or causes another person to enter the land with or without the permission of the owner, lessee, or occupant; o a trespasser who enters the land; or o 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. The bill also exempts an owner, lessee, or occupant of nonagricultural land from liability 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 the following: wildlife or an act of God; or the actions or omissions of a peace officer, federal law enforcement officer, or firefighter; a trespasser who enters the land without any legal right, express or implied; or 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. The bill expressly 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. H.B. 1990 defines the following terms: "federal law enforcement officer" by reference to federal law; "firefighter" as a member of a fire department who performs a function that is specified as necessarily or customarily related to fire prevention or suppression in Government Code provisions governing the Texas Commission on Fire Protection; "peace officer" by reference to its meaning in the Penal Code or other state or federal law; and "trespasser" by reference as a person who enters the land of another without any legal right, express or implied. The bill applies only to a cause of action that accrues on or after the bill's effective date.
EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
BACKGROUND AND PURPOSE
Current statute does not provide explicit protections for landowners from claims arising from certain incidents that occur on their land, such as actions by law enforcement officers, firefighters, trespassers, or third parties. The bill author has informed the committee that this lack of clarity may result in landowners, lessees, and occupants of nonagricultural land facing liability for damages or injuries that occur on their property and lead to undue legal and financial burdens for these persons, particularly in cases where the entry or actions on the land were unauthorized or beyond the person's control. H.B. 1990 seeks to limit the liability of landowners, lessees, and occupants of nonagricultural land and ensure that they are not held liable for damages or injuries resulting from the actions of peace officers, federal law enforcement officers, firefighters, trespassers, or third parties under specified circumstances or from wildlife or an act of God.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 1990 amends the Civil Practice and Remedies Code to exempt an owner, lessee, or occupant of nonagricultural land from liability for any damage or injury to any person or property, regardless of whether the damage or injury occurs on the land, that arises from the following:
wildlife or an act of God; or
the actions or omissions of one of the following:
o a peace officer, federal law enforcement officer, or firefighter when the officer or firefighter enters or causes another person to enter the land with or without the permission of the owner, lessee, or occupant;
o a trespasser who enters the land; or
o 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.
The bill also exempts an owner, lessee, or occupant of nonagricultural land from liability 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 the following:
wildlife or an act of God; or
the actions or omissions of a peace officer, federal law enforcement officer, or firefighter; a trespasser who enters the land without any legal right, express or implied; or 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.
The bill expressly 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.
H.B. 1990 defines the following terms:
"federal law enforcement officer" by reference to federal law;
"firefighter" as a member of a fire department who performs a function that is specified as necessarily or customarily related to fire prevention or suppression in Government Code provisions governing the Texas Commission on Fire Protection;
"peace officer" by reference to its meaning in the Penal Code or other state or federal law; and
"trespasser" by reference as a person who enters the land of another without any legal right, express or implied.
The bill applies only to a cause of action that accrues on or after the bill's effective date.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2025.