Bill Text: TX SB1417 | 2011-2012 | 82nd Legislature | Engrossed

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Bill Title: Relating to the limitation of liability of certain landowners.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2011-05-21 - Committee report sent to Calendars [SB1417 Detail]

Download: Texas-2011-SB1417-Engrossed.html

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By: Hinojosa S.B. No. 1417

A BILL TO BE ENTITLED
AN ACT
relating to the limitation of liability of certain landowners.
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) [(2)] "Livestock" has the meaning assigned by
Section 1.003, Agriculture Code.
(4) [(3)] "Peace officer" has the meaning assigned by
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. The owner, lessee, or
occupant of agricultural land is not liable for the damage or injury
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. The change in law made by this Act applies only
to an action that occurs on or after the effective date of this Act.
An action that occurred before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2011.