Post by DaddyFlea on Jan 17, 2005 19:57:37 GMT -6
I found this new revision to the laws today and it looks like the legislators are making it harder to sue landowners. Just thought someone might be interested. The full text is listed below.
HB 337
relating to a landowner's liability for injuries incurred during
certain recreational activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 75.001(3), Civil Practice and Remedies
Code, is amended to read as follows:
(3) "Recreation" means an activity such as:
(A) hunting;
(B) fishing;
(C) swimming;
(D) boating;
(E) camping;
(F) picnicking;
(G) hiking;
(H) pleasure driving, including off-road
motorcycling and the use of all-terrain vehicles;
(I) nature study, including bird-watching;
(J) cave exploration;
(K) waterskiing and other water sports; or
(L) any other activity associated with enjoying
nature or the outdoors.
SECTION 2. This Act applies only to a cause of action that
accrues on or after the effective date of this Act. An action that
accrued before the effective date of this Act is governed by the law
applicable to the action immediately before the effective date of
this Act, and that law is continued in effect for that purpose.
This Act takes effect September 1, 2005.
CIVIL PRACTICE & REMEDIES CODE
CHAPTER 75. LIMITATION OF LANDOWNERS' LIABILITY
§ 75.002. LIABILITY LIMITED. (a) An owner, lessee, or
occupant of agricultural land:
(1) does not owe a duty of care to a trespasser on the
land; and
(2) is not liable for any injury to a trespasser on the
land, except for wilful or wanton acts or gross negligence by the
owner, lessee, or other occupant of agricultural land.
(b) If an owner, lessee, or occupant of agricultural land
gives permission to another or invites another to enter the
premises for recreation, the owner, lessee, or occupant, by giving
the permission, does not:
(1) assure that the premises are safe for that
purpose;
(2) owe to the person to whom permission is granted or
to whom the invitation is extended a greater degree of care than is
owed to a trespasser on the premises; or
(3) assume responsibility or incur liability for any
injury to any individual or property caused by any act of the person
to whom permission is granted or to whom the invitation is extended.
(c) If an owner, lessee, or occupant of real property other
than agricultural land gives permission to another to enter the
premises for recreation, the owner, lessee, or occupant, by giving
the permission, does not:
(1) assure that the premises are safe for that
purpose;
(2) owe to the person to whom permission is granted a
greater degree of care than is owed to a trespasser on the premises;
or
(3) assume responsibility or incur liability for any
injury to any individual or property caused by any act of the person
to whom permission is granted.
(d) Subsections (a), (b), and (c) shall not limit the
liability of an owner, lessee, or occupant of real property who has
been grossly negligent or has acted with malicious intent or in bad
faith.
(e) In this section, 'recreation' means, in addition to its
meaning under Section 75.001, the following activities only if the
activities take place on premises owned, operated, or maintained by
the state or a municipality or county for the purposes of those
activities:
(1) hockey and in-line hockey; and
(2) skating, in-line skating, roller-skating,
skateboarding, and roller-blading.
(f) This section limits the liability of the state or a
municipality or county only for those damages arising directly from
a recreational activity described in Subsection (e) but does not
limit the liability of the state or a municipality or county for
gross negligence or acts conducted in bad faith or with malicious
intent.
(g) Any premises the state or a municipality or county owns,
operates, or maintains and on which the recreational activities
described in Subsection (e) are conducted shall post and maintain a
clearly readable sign in a clearly visible location on or near the
premises. The sign shall contain the following warning language:
WARNING
TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE) LIMITS THE
LIABILITY OF THE STATE AND A MUNICIPALITY OR COUNTY FOR DAMAGES
ARISING DIRECTLY FROM HOCKEY, IN-LINE HOCKEY, SKATING, IN-LINE
SKATING, ROLLER-SKATING, SKATEBOARDING, OR ROLLER-BLADING ON
PREMISES THAT THE STATE OR THE MUNICIPALITY OR COUNTY OWNS,
OPERATES, OR MAINTAINS FOR THAT PURPOSE.
(h) An owner, lessee, or occupant of real property in this
state is liable for trespass as a result of migration or transport
of any air contaminant, as defined in Section 382.003(2), Health
and Safety Code, other than odor, only upon a showing of actual and
substantial damages by a plaintiff in a civil action.
§ 75.003. APPLICATION AND EFFECT OF CHAPTER. (a) This
chapter does not relieve any owner, lessee, or occupant of real
property of any liability that would otherwise exist for
deliberate, wilful, or malicious injury to a person or to property.
(b) This chapter does not affect the doctrine of attractive
nuisance, except that the doctrine may not be the basis for
liability of an owner, lessee, or occupant of agricultural land for
any injury to a trespasser over the age of 16 years.
(c) Except for a governmental unit, this chapter applies
only to an owner, lessee, or occupant of real property who:
(1) does not charge for entry to the premises;
(2) charges for entry to the premises, but whose total
charges collected in the previous calendar year for all
recreational use of the entire premises of the owner, lessee, or
occupant are not more than 20 times the total amount of ad valorem
taxes imposed on the premises for the previous calendar year; or
(3) has liability insurance coverage in effect on an
act or omission described by Section 75.004(a) and in the amounts
equal to or greater than those provided by that section.
(d) This chapter does not create any liability.
(e) Except as otherwise provided, this chapter applies to a
governmental unit.
(f) This chapter does not waive sovereign immunity.
(g) To the extent that this chapter limits the liability of
a governmental unit under circumstances in which the governmental
unit would be liable under Chapter 101, this chapter controls.
(h) In the case of agricultural land, an owner, lessee, or
occupant of real property who does not charge for entry to the
premises because the individuals entering the premises for
recreation are invited social guests satisfies the requirement of
Subsection (c)(1).
§ 75.004. LIMITATION ON MONETARY DAMAGES FOR PRIVATE
LANDOWNERS. (a) Subject to Subsection (b), the liability of an
owner, lessee, or occupant of agricultural land used for
recreational purposes for an act or omission by the owner, lessee,
or occupant relating to the premises that results in damages to a
person who has entered the premises is limited to a maximum amount
of $500,000 for each person and $1 million for each single
occurrence of bodily injury or death and $100,000 for each single
occurrence for injury to or destruction of property. In the case of
agricultural land, the total liability of an owner, lessee, or
occupant for a single occurrence is limited to $1 million, and the
liability also is subject to the limits for each single occurrence
of bodily injury or death and each single occurrence for injury to
or destruction of property stated in this subsection.
(b) This section applies only to an owner, lessee, or
occupant of agricultural land used for recreational purposes who
has liability insurance coverage in effect on an act or omission
described by Subsection (a) and in the amounts equal to or greater
than those provided by Subsection (a). The coverage may be provided
under a contract of insurance or other plan of insurance authorized
by statute. The limit of liability insurance coverage applicable
with respect to agricultural land may be a combined single limit in
the amount of $1 million for each single occurrence.
(c) This section does not affect the liability of an insurer
or insurance plan in an action under Article 21.21, Insurance Code,
or an action for bad faith conduct, breach of fiduciary duty, or
negligent failure to settle a claim.
(d) This section does not apply to a governmental unit.
HB 337
relating to a landowner's liability for injuries incurred during
certain recreational activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 75.001(3), Civil Practice and Remedies
Code, is amended to read as follows:
(3) "Recreation" means an activity such as:
(A) hunting;
(B) fishing;
(C) swimming;
(D) boating;
(E) camping;
(F) picnicking;
(G) hiking;
(H) pleasure driving, including off-road
motorcycling and the use of all-terrain vehicles;
(I) nature study, including bird-watching;
(J) cave exploration;
(K) waterskiing and other water sports; or
(L) any other activity associated with enjoying
nature or the outdoors.
SECTION 2. This Act applies only to a cause of action that
accrues on or after the effective date of this Act. An action that
accrued before the effective date of this Act is governed by the law
applicable to the action immediately before the effective date of
this Act, and that law is continued in effect for that purpose.
This Act takes effect September 1, 2005.
CIVIL PRACTICE & REMEDIES CODE
CHAPTER 75. LIMITATION OF LANDOWNERS' LIABILITY
§ 75.002. LIABILITY LIMITED. (a) An owner, lessee, or
occupant of agricultural land:
(1) does not owe a duty of care to a trespasser on the
land; and
(2) is not liable for any injury to a trespasser on the
land, except for wilful or wanton acts or gross negligence by the
owner, lessee, or other occupant of agricultural land.
(b) If an owner, lessee, or occupant of agricultural land
gives permission to another or invites another to enter the
premises for recreation, the owner, lessee, or occupant, by giving
the permission, does not:
(1) assure that the premises are safe for that
purpose;
(2) owe to the person to whom permission is granted or
to whom the invitation is extended a greater degree of care than is
owed to a trespasser on the premises; or
(3) assume responsibility or incur liability for any
injury to any individual or property caused by any act of the person
to whom permission is granted or to whom the invitation is extended.
(c) If an owner, lessee, or occupant of real property other
than agricultural land gives permission to another to enter the
premises for recreation, the owner, lessee, or occupant, by giving
the permission, does not:
(1) assure that the premises are safe for that
purpose;
(2) owe to the person to whom permission is granted a
greater degree of care than is owed to a trespasser on the premises;
or
(3) assume responsibility or incur liability for any
injury to any individual or property caused by any act of the person
to whom permission is granted.
(d) Subsections (a), (b), and (c) shall not limit the
liability of an owner, lessee, or occupant of real property who has
been grossly negligent or has acted with malicious intent or in bad
faith.
(e) In this section, 'recreation' means, in addition to its
meaning under Section 75.001, the following activities only if the
activities take place on premises owned, operated, or maintained by
the state or a municipality or county for the purposes of those
activities:
(1) hockey and in-line hockey; and
(2) skating, in-line skating, roller-skating,
skateboarding, and roller-blading.
(f) This section limits the liability of the state or a
municipality or county only for those damages arising directly from
a recreational activity described in Subsection (e) but does not
limit the liability of the state or a municipality or county for
gross negligence or acts conducted in bad faith or with malicious
intent.
(g) Any premises the state or a municipality or county owns,
operates, or maintains and on which the recreational activities
described in Subsection (e) are conducted shall post and maintain a
clearly readable sign in a clearly visible location on or near the
premises. The sign shall contain the following warning language:
WARNING
TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE) LIMITS THE
LIABILITY OF THE STATE AND A MUNICIPALITY OR COUNTY FOR DAMAGES
ARISING DIRECTLY FROM HOCKEY, IN-LINE HOCKEY, SKATING, IN-LINE
SKATING, ROLLER-SKATING, SKATEBOARDING, OR ROLLER-BLADING ON
PREMISES THAT THE STATE OR THE MUNICIPALITY OR COUNTY OWNS,
OPERATES, OR MAINTAINS FOR THAT PURPOSE.
(h) An owner, lessee, or occupant of real property in this
state is liable for trespass as a result of migration or transport
of any air contaminant, as defined in Section 382.003(2), Health
and Safety Code, other than odor, only upon a showing of actual and
substantial damages by a plaintiff in a civil action.
§ 75.003. APPLICATION AND EFFECT OF CHAPTER. (a) This
chapter does not relieve any owner, lessee, or occupant of real
property of any liability that would otherwise exist for
deliberate, wilful, or malicious injury to a person or to property.
(b) This chapter does not affect the doctrine of attractive
nuisance, except that the doctrine may not be the basis for
liability of an owner, lessee, or occupant of agricultural land for
any injury to a trespasser over the age of 16 years.
(c) Except for a governmental unit, this chapter applies
only to an owner, lessee, or occupant of real property who:
(1) does not charge for entry to the premises;
(2) charges for entry to the premises, but whose total
charges collected in the previous calendar year for all
recreational use of the entire premises of the owner, lessee, or
occupant are not more than 20 times the total amount of ad valorem
taxes imposed on the premises for the previous calendar year; or
(3) has liability insurance coverage in effect on an
act or omission described by Section 75.004(a) and in the amounts
equal to or greater than those provided by that section.
(d) This chapter does not create any liability.
(e) Except as otherwise provided, this chapter applies to a
governmental unit.
(f) This chapter does not waive sovereign immunity.
(g) To the extent that this chapter limits the liability of
a governmental unit under circumstances in which the governmental
unit would be liable under Chapter 101, this chapter controls.
(h) In the case of agricultural land, an owner, lessee, or
occupant of real property who does not charge for entry to the
premises because the individuals entering the premises for
recreation are invited social guests satisfies the requirement of
Subsection (c)(1).
§ 75.004. LIMITATION ON MONETARY DAMAGES FOR PRIVATE
LANDOWNERS. (a) Subject to Subsection (b), the liability of an
owner, lessee, or occupant of agricultural land used for
recreational purposes for an act or omission by the owner, lessee,
or occupant relating to the premises that results in damages to a
person who has entered the premises is limited to a maximum amount
of $500,000 for each person and $1 million for each single
occurrence of bodily injury or death and $100,000 for each single
occurrence for injury to or destruction of property. In the case of
agricultural land, the total liability of an owner, lessee, or
occupant for a single occurrence is limited to $1 million, and the
liability also is subject to the limits for each single occurrence
of bodily injury or death and each single occurrence for injury to
or destruction of property stated in this subsection.
(b) This section applies only to an owner, lessee, or
occupant of agricultural land used for recreational purposes who
has liability insurance coverage in effect on an act or omission
described by Subsection (a) and in the amounts equal to or greater
than those provided by Subsection (a). The coverage may be provided
under a contract of insurance or other plan of insurance authorized
by statute. The limit of liability insurance coverage applicable
with respect to agricultural land may be a combined single limit in
the amount of $1 million for each single occurrence.
(c) This section does not affect the liability of an insurer
or insurance plan in an action under Article 21.21, Insurance Code,
or an action for bad faith conduct, breach of fiduciary duty, or
negligent failure to settle a claim.
(d) This section does not apply to a governmental unit.
