Bill Text: TX SB1160 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the liability of landowners for damage or injury, including liability for harm to a trespasser.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-05-20 - Effective immediately [SB1160 Detail]
Download: Texas-2011-SB1160-Enrolled.html
S.B. No. 1160 |
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relating to the liability of landowners for damage or injury, | ||
including liability for harm to a trespasser. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 75.006, Civil Practice | ||
and Remedies Code, is amended to read as follows: | ||
Sec. 75.006. LIABILITY LIMITED FOR ACTIONS OF FIREFIGHTER, | ||
FEDERAL LAW ENFORCEMENT OFFICER, OR PEACE OFFICER. | ||
SECTION 2. Section 75.006, Civil Practice and Remedies | ||
Code, is amended by amending Subsection (a) and adding Subsections | ||
(c), (d), and (e) to read as follows: | ||
(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) [ |
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Section 1.003, Agriculture Code. | ||
(4) [ |
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Section 1.07, Penal Code, or other state or federal law. | ||
(c) An 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 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, 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. | ||
(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 3. 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 4. 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 5. 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1160 passed the Senate on | ||
March 31, 2011, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendments on May 9, 2011, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1160 passed the House, with | ||
amendments, on May 4, 2011, by the following vote: Yeas 130, | ||
Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |