HB1990 - Relating to limitation of certain liability of owners, lessees, and occupants of nonagricultural land.

  89R6109 AMF-F     By: Guillen H.B. No. 1990       A BILL TO BE ENTITLED   AN ACT   relating to limitation of certain liability of owners, lessees, and   occupants of nonagricultural land.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 75, Civil Practice and Remedies Code, is   amended by adding Section 75.0065 to read as follows:           Sec.   75.0065.     CERTAIN LIABILITY LIMITED IN CONNECTION WITH   NONAGRICULTURAL LAND. (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)     "Peace officer" has the meaning assigned by   Section 1.07, Penal Code, or other state or federal law.                 (4)     "Trespasser" has the meaning assigned by Section   75.007.           (b)     An owner, lessee, or occupant of nonagricultural 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 or omissions of a peace officer or   federal law enforcement officer when the officer enters or causes   another person to enter the land with or without the permission of   the owner, lessee, or occupant;                 (2)     the actions or omissions of a firefighter when the   firefighter enters or causes another person to enter the land with   or without the permission of the owner, lessee, or occupant;                 (3)     the actions or omissions of a trespasser who   enters the land;                 (4)     the actions or omissions of a third party who   enters the land without the owner's, lessee's, or occupant's express   or implied permission and damages a fence or gate on the land,   including damage caused by a vehicle or other means; or                 (5)  wildlife or an act of God.           (c)     The owner, lessee, or occupant of nonagricultural 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 land without the permission of the   owner, lessee, or occupant because of:                 (1)     the actions or omissions of a peace officer,   federal law enforcement officer, or firefighter;                 (2)     the actions or omissions of a trespasser who   enters the land;                 (3)     the actions or omissions of a third party who,   without the owner's, lessee's, or occupant's express or implied   permission, damages a fence or gate on the land, including damage   caused by a vehicle or other means; or                 (4)  wildlife or an act of God.           (d)     This section does not limit the liability of an owner,   lessee, or occupant of nonagricultural 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 75.0065, Civil Practice and Remedies   Code, as added by this Act, applies only to a cause of action that   accrues on or after the effective date of this Act.          SECTION 3.  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, 2025.