Bill Text: TX HB73 | 2023-2024 | 88th Legislature | Enrolled


Bill Title: Relating to limitation of certain liability of owners, lessees, and occupants of land in connection with livestock and agricultural land.

Spectrum: Moderate Partisan Bill (Republican 14-3)

Status: (Passed) 2023-06-09 - Effective on 9/1/23 [HB73 Detail]

Download: Texas-2023-HB73-Enrolled.html
 
 
  H.B. No. 73
 
 
 
 
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 enters the
  landowner's or lessee's property without the landowner's or
  lessee's express or implied permission and damages a fence or gate
  on the property, including damage caused by a vehicle or other
  means; or
               (4)  wildlife or an act of God[, 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 enters the land
  without the landowner'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
               (4)  wildlife or an act of God[, 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, without the
  landowner'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.
         (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.
         (f)  Following the occurrence of an event described by
  Subsections (b)(1)-(4), (c)(1)-(4), or (d)(1)-(4), the owner or
  lessee of the land on which the event occurred shall cure a
  resulting defect on the land, if any, in a reasonable time.
         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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 73 was passed by the House on April
  18, 2023, by the following vote:  Yeas 148, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 73 was passed by the Senate on May 19,
  2023, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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