Bill Summary – FastDemocracy

      
            88R4248 SCL-F
         
		By: Springer
            S.B. No. 815
         
               A BILL TO BE ENTITLED
            
               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 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 [, 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 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 [, 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 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 effecti
Statutes affected: 
Introduced: Civil Practice and Remedies Code 75.006 (Civil Practice and Remedies Code 75)



	A BILL TO BE ENTITLED
	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 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 [~~, 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 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 [~~, 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 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 effecti Statutes affected: Introduced: Civil Practice and Remedies Code 75.006 (Civil Practice and Remedies Code 75)