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