| 1 | 1 | | 89R6109 AMF-F |
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| 2 | 2 | | By: Guillen H.B. No. 1990 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to limitation of certain liability of owners, lessees, and |
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| 10 | 10 | | occupants of nonagricultural land. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 75, Civil Practice and Remedies Code, is |
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| 13 | 13 | | amended by adding Section 75.0065 to read as follows: |
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| 14 | 14 | | Sec. 75.0065. CERTAIN LIABILITY LIMITED IN CONNECTION WITH |
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| 15 | 15 | | NONAGRICULTURAL LAND. (a) In this section: |
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| 16 | 16 | | (1) "Federal law enforcement officer" means a law |
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| 17 | 17 | | enforcement officer as defined by 5 U.S.C. Section 8331(20). |
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| 18 | 18 | | (2) "Firefighter" means a member of a fire department |
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| 19 | 19 | | who performs a function listed in Section 419.021(3)(C), Government |
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| 20 | 20 | | Code. |
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| 21 | 21 | | (3) "Peace officer" has the meaning assigned by |
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| 22 | 22 | | Section 1.07, Penal Code, or other state or federal law. |
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| 23 | 23 | | (4) "Trespasser" has the meaning assigned by Section |
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| 24 | 24 | | 75.007. |
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| 25 | 25 | | (b) An owner, lessee, or occupant of nonagricultural land is |
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| 26 | 26 | | not liable for any damage or injury to any person or property, |
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| 27 | 27 | | regardless of whether the damage or injury occurs on the land, that |
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| 28 | 28 | | arises from: |
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| 29 | 29 | | (1) the actions or omissions of a peace officer or |
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| 30 | 30 | | federal law enforcement officer when the officer enters or causes |
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| 31 | 31 | | another person to enter the land with or without the permission of |
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| 32 | 32 | | the owner, lessee, or occupant; |
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| 33 | 33 | | (2) the actions or omissions of a firefighter when the |
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| 34 | 34 | | firefighter enters or causes another person to enter the land with |
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| 35 | 35 | | or without the permission of the owner, lessee, or occupant; |
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| 36 | 36 | | (3) the actions or omissions of a trespasser who |
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| 37 | 37 | | enters the land; |
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| 38 | 38 | | (4) the actions or omissions of a third party who |
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| 39 | 39 | | enters the land without the owner's, lessee's, or occupant's express |
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| 40 | 40 | | or implied permission and damages a fence or gate on the land, |
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| 41 | 41 | | including damage caused by a vehicle or other means; or |
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| 42 | 42 | | (5) wildlife or an act of God. |
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| 43 | 43 | | (c) The owner, lessee, or occupant of nonagricultural land |
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| 44 | 44 | | is not liable for any damage or injury to any person or property |
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| 45 | 45 | | that arises from the actions of an individual who enters or causes |
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| 46 | 46 | | another person to enter the land without the permission of the |
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| 47 | 47 | | owner, lessee, or occupant because of: |
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| 48 | 48 | | (1) the actions or omissions of a peace officer, |
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| 49 | 49 | | federal law enforcement officer, or firefighter; |
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| 50 | 50 | | (2) the actions or omissions of a trespasser who |
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| 51 | 51 | | enters the land; |
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| 52 | 52 | | (3) the actions or omissions of a third party who, |
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| 53 | 53 | | without the owner's, lessee's, or occupant's express or implied |
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| 54 | 54 | | permission, damages a fence or gate on the land, including damage |
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| 55 | 55 | | caused by a vehicle or other means; or |
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| 56 | 56 | | (4) wildlife or an act of God. |
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| 57 | 57 | | (d) This section does not limit the liability of an owner, |
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| 58 | 58 | | lessee, or occupant of nonagricultural land for any damage or |
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| 59 | 59 | | injury that arises from a wilful or wanton act or gross negligence |
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| 60 | 60 | | by the owner, lessee, or occupant. |
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| 61 | 61 | | SECTION 2. Section 75.0065, Civil Practice and Remedies |
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| 62 | 62 | | Code, as added by this Act, applies only to a cause of action that |
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| 63 | 63 | | accrues on or after the effective date of this Act. |
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| 64 | 64 | | SECTION 3. This Act takes effect immediately if it receives |
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| 65 | 65 | | a vote of two-thirds of all the members elected to each house, as |
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| 66 | 66 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 67 | 67 | | Act does not receive the vote necessary for immediate effect, this |
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| 68 | 68 | | Act takes effect September 1, 2025. |
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