Bill Text: TX HB73 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to limitation of certain liability of owners, lessees, and occupants of land in connection with livestock and agricultural land.
Spectrum: Moderate Partisan Bill (Republican 14-3)
Status: (Passed) 2023-06-09 - Effective on 9/1/23 [HB73 Detail]
Download: Texas-2023-HB73-Introduced.html
Bill Title: Relating to limitation of certain liability of owners, lessees, and occupants of land in connection with livestock and agricultural land.
Spectrum: Moderate Partisan Bill (Republican 14-3)
Status: (Passed) 2023-06-09 - Effective on 9/1/23 [HB73 Detail]
Download: Texas-2023-HB73-Introduced.html
By: Murr | H.B. No. 73 |
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relating to landowner liability arising in connection with | ||
livestock or agricultural land. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 75, Civil Practice and Remedies Code, is | ||
amended to read as follows: | ||
Sec. 75.006. LIABILITY LIMITED FOR ACTIONS OF FIREFIGHTER, | ||
FEDERAL LAW ENFORCEMENT OFFICER, |
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(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) "Livestock" has the meaning assigned by Section | ||
1.003, Agriculture Code. | ||
(4) "Peace officer" has the meaning assigned by | ||
Section 1.07, Penal Code, or other state or federal law. | ||
(5) "Trespasser" has the meaning defined by Section | ||
75.007(a), Civil Practice and Remedies Code. | ||
(b) A landowner or lessee is not liable for damages arising | ||
from any incident or accident |
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landowner or lessee due to: | ||
(1) An act or omission of a firefighter or a peace | ||
officer who has entered the landowner's property with or without | ||
the permission of the landowner, regardless of whether the damage | ||
occurs on the landowner's property; | ||
(2) An act or omission by a trespasser who enters the | ||
landowner’s property or third party that damages the fence on the | ||
property, whether by vehicle or otherwise; or | ||
(3) Due to wildlife, acts of God or by other causes | ||
beyond the control of the landowner. | ||
(c) An owner, lessee, or occupant of agricultural land is | ||
not liable for any damage or injury to any person or property, | ||
regardless of whether the damage or injury occurs on the | ||
agricultural land, that arises from: | ||
(1) the actions of a peace officer or federal law | ||
enforcement officer when the officer enters or causes another | ||
person to enter the agricultural land with or without the | ||
permission of the owner, lessee, or occupant; | ||
(2) by a trespasser who enters the landowner’s | ||
property or third party who damages the fence on the property, | ||
whether by vehicle or otherwise; or | ||
(3) due to wildlife, acts of God or by other causes | ||
beyond the control of the landowner. | ||
(d) The owner, lessee, or occupant of agricultural land is | ||
not liable for any damage or injury to any person or property that | ||
arises from the actions of an individual who, because of the actions | ||
of a peace officer or federal law enforcement officer, the actions | ||
of a trespasser who enters the landowner’s property or third party | ||
who damages the fence on the property, whether by vehicle or | ||
otherwise, or due to wildlife, acts of God or other causes beyond | ||
the control of the landowner, enters or causes another person to | ||
enter the agricultural land without the permission of the owner, | ||
lessee, or occupant. | ||
(e) This section does not limit the liability of an owner, | ||
lessee, or occupant of agricultural 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. 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, 2023. |