Bill Text: TX HB73 | 2023-2024 | 88th Legislature | Enrolled

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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-Enrolled.html

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H.B. No. 73

AN ACT
relating to limitation of certain liability of owners, lessees, and
occupants of land in connection with livestock and agricultural
land.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 75.006, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 75.006. CERTAIN LIABILITY LIMITED IN CONNECTION WITH
LIVESTOCK OR AGRICULTURAL LAND [FOR ACTIONS OF FIREFIGHTER, FEDERAL
LAW ENFORCEMENT OFFICER, OR PEACE OFFICER]. (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 assigned by Section
75.007.
(b) A landowner or lessee is not liable for damages arising
from an incident or accident involving [caused by] livestock of the
landowner or lessee, regardless of whether the damage occurs on the
landowner's or lessee's property, due to:
(1) an act or omission of a firefighter or a peace
officer who has entered the landowner's or lessee's property with or
without the permission of the landowner or lessee;
(2) an act or omission of a trespasser who enters the
landowner's or lessee's property;
(3) an act or omission of a third party who enters the
landowner's or lessee's property without the landowner's or
lessee's express or implied permission and damages a fence or gate
on the property, including damage caused by a vehicle or other
means; or
(4) wildlife or an act of God[, regardless of whether
the damage occurs on the landowner's property].
(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 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) the actions of a trespasser who enters the land;
(3) the actions of a third party who enters the land
without the landowner'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
(4) wildlife or an act of God[, regardless of whether
the damage or injury occurs on the agricultural land].
(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,]
enters or causes another person to enter the agricultural land
without the permission of the owner, lessee, or occupant because
of:
(1) the actions of a peace officer or federal law
enforcement officer;
(2) the actions of a trespasser who enters the land;
(3) the actions of a third party who, without the
landowner'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.
(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.
(f) Following the occurrence of an event described by
Subsections (b)(1)-(4), (c)(1)-(4), or (d)(1)-(4), the owner or
lessee of the land on which the event occurred shall cure a
resulting defect on the land, if any, in a reasonable time.
SECTION 2. Section 75.006, Civil Practice and Remedies
Code, as amended 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 as it existed immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 73 was passed by the House on April
18, 2023, by the following vote: Yeas 148, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 73 was passed by the Senate on May 19,
2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor