Bill Text: TX SB815 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to limitation of certain liability of owners, lessees, and occupants of land in connection with livestock and agricultural land.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2023-05-15 - Co-author authorized [SB815 Detail]
Download: Texas-2023-SB815-Introduced.html
88R4248 SCL-F | ||
By: Springer | S.B. No. 815 |
|
||
|
||
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 [ |
||
(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 [ |
||
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 damages a | ||
fence on the landowner's or lessee's property, including damage | ||
caused by a vehicle or other means; or | ||
(4) wildlife, an act of God, or another cause beyond | ||
the control of the owner or lessee [ |
||
(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 damages a fence on | ||
the land, including damage caused by a vehicle or other means; or | ||
(4) wildlife, an act of God, or another cause beyond | ||
the control of the owner, lessee, or occupant [ |
||
(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[ |
||
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 damages a fence on | ||
the land, including damage caused by a vehicle or other means; or | ||
(4) wildlife, an act of God, or another cause beyond | ||
the control 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. 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. |