Bill Text: TX HB1971 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the liability of a landowner for harm to a trespasser.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2011-05-03 - Laid on the table subject to call [HB1971 Detail]
Download: Texas-2011-HB1971-Comm_Sub.html
| 82R19162 AJA-F | |||
| By: Jackson | H.B. No. 1971 | ||
| Substitute the following for H.B. No. 1971: | |||
| By: Lewis | C.S.H.B. No. 1971 | ||
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| relating to the liability of a landowner for harm to a trespasser. | ||
| 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 75.007 to read as follows: | ||
| Sec. 75.007. TRESPASSERS. (a) In this section, | ||
| "trespasser" means a person who enters the land of another without | ||
| any legal right, express or implied. | ||
| (b) An owner, lessee, or occupant of land does not owe a duty | ||
| of care to a trespasser on the land and is not liable for any injury | ||
| to a trespasser on the land, except that an owner, lessee, or | ||
| occupant owes a duty to refrain from injuring a trespasser | ||
| wilfully, wantonly, or through gross negligence. | ||
| (c) Notwithstanding Subsection (b), an owner, lessee, or | ||
| occupant of land may be liable for injury to a child caused by a | ||
| highly dangerous artificial condition on the land if: | ||
| (1) the place where the artificial condition exists is | ||
| one upon which the owner, lessee, or occupant knew or reasonably | ||
| should have known that children were likely to trespass; | ||
| (2) the artificial condition is one that the owner, | ||
| lessee, or occupant knew or reasonably should have known existed, | ||
| and that the owner, lessee, or occupant realized or should have | ||
| realized involved an unreasonable risk of death or serious bodily | ||
| harm to such children; | ||
| (3) the injured child, because of the child's youth, | ||
| did not discover the condition or realize the risk involved in | ||
| intermeddling with the condition or coming within the area made | ||
| dangerous by the condition; | ||
| (4) the utility to the owner, lessee, or occupant of | ||
| maintaining the artificial condition and the burden of eliminating | ||
| the danger were slight as compared with the risk to the child | ||
| involved; and | ||
| (5) the owner, lessee, or occupant failed to exercise | ||
| reasonable care to eliminate the danger or otherwise protect the | ||
| child. | ||
| (d) An owner, lessee, or occupant of land whose actions are | ||
| justified under Subchapter C or D, Chapter 9, Penal Code, is not | ||
| liable to a trespasser for damages arising from those actions. | ||
| (e) This section does not affect Section 75.001, 75.002, | ||
| 75.0021, 75.003, or 75.004 or create or increase the liability of | ||
| any person. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a cause of action that accrues on or after the effective date of | ||
| this Act. A cause of action that accrues before the effective date | ||
| of this Act is governed by the law in effect immediately before the | ||
| effective date of this Act, and that law is continued in effect for | ||
| that purpose. | ||
| 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, 2011. | ||
