Bill Text: TX HB1990 | 2025-2026 | 89th Legislature | Engrossed
Bill Title: Relating to limitation of certain liability of owners, lessees, and occupants of nonagricultural land.
Sponsorship: Partisan Bill (Republican 1)
Status: (Engrossed - Dead) 2025-05-05 - Referred to State Affairs [HB1990 Detail]
Download: Texas-2025-HB1990-Engrossed.html
| 89R6109 AMF-F | ||
| By: Guillen | H.B. No. 1990 | |
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| 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. | ||
