The Texas Legislature recently amended Texas Civil Practice and Remedies Code Section 75.006 to expand liability protections in situations when damages or injuries arise that are out of control of the agricultural landowner or lessee.  The statute is titled “Certain Liability Limited in Connection with Livestock or Agricultural Land” and the amendments are found in HB 73.

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Prior Version

Previously, Section 75.006 provided protection to landowners in certain scenarios.  First, landowners were not liable for damages arising from an incident caused by livestock due to the act or omission of a firefighter or peace officer who entered the property with or without permission.  Second, landowners, lessees and occupants were not liable for any damage or injury to any person arising from the actions of a peace officer or federal law enforcement officer who entered agricultural land with or without permission.  Finally, landowners were not liable for damages caused by the actions of an individual who entered or caused another person to enter agricultural land without permission from the owner, lessee, or occupant.  The statute did not, however, protect a landowner, lessee, or occupant of land for any damage or injury arising from willful, wanton, or grossly negligent conduct.

Amendments

The Texas Legislature passed House Bill 73 carried by Chairman Andrew Murr.  There are a number of important amendments to the statute that will go into effect on September 1, 2023. [Review amendments here.]

First, the amendments make clear that all provisions apply not only to landowners, but also to lessees of land.

Second, the amendments state that the limited liability applies regardless of whether the damage or injury occurs on the landowner’s or lessee’s property or elsewhere.

Third, the statute significantly expands the situations in which the protections apply. Landowners or lessees are not liable for damages or injuries caused by the following: (1) an act or omission of a firefighter or a peace officer who entered the landowner’s or lessee’s property with or without permission (this provision already existed in the statute); (2) an act or omission of a trespasser who enters the landowner’s or lessee’s property (note that “trespasser” is defined as “a person who enters the land of another without any legal right, express or implied”); (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 permission and damages a fence or gate on the property, including damage caused by a vehicle or other means; and (4) wildlife or an act of God (note that neither “wildlife” nor “act of God” are defined in this Chapter).

Finally, the statute provides that following any of these occurrences, 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.”

Statutory Summary

The statute now essentially consists of five provisions.

First, a landowner or lessee is not liable for damages arising from an incident or accident involving livestock of the landowner or lessee, regardless of where the damage occurs, due to: (1) an act or omission of a firefighter or a peace officer who entered the landowner’s or lessee’s property with or without permission; (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 permission and damages a fence or gate on the property, including damage caused by a vehicle or other means; and (4) wildlife or an act of God. the conditions listed above.  “Livestock” is defined as “cattle, horses, mules, asses, sheep, goats, llamas, alpacas, exotic livestock, including elk and elk hybrids, and hogs…”

Second, a landowner, lessee, or occupant of agricultural land is now not liable for any damage or injury to any person or property, regardless of where the damage or injury occurs, that arises from:  (1) an act or omission of a firefighter or a peace officer who entered the landowner’s or lessee’s property with or without permission; (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 permission and damages a fence or gate on the property, including damage caused by a vehicle or other means; and (4) wildlife or an act of God. the conditions listed above.

Do note that the protections of this paragraph are limited to “agricultural land,” whereas the prior section applied to all land.  “Agricultural land” is defined in this chapter as Texas land that is “suitable for: (A) use in production of plants and fruits grown for human or animal consumption, or plants grown for the production of fibers, floriculture, viticulture, horticulture, or planting seed; (B) forestry and the growing of trees for the purpose of rendering those trees into lumber, fiber, or other items used for industrial, commercial, or personal consumption; or (C) domestic or native farm or ranch animals kept for use or profit.”

Third, a landowner, 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 agricultural land without the permission of the owner, lessee or occupant due to: (1) an act or omission of a firefighter or a peace officer who entered the landowner’s or lessee’s property with or without permission; (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 permission and damages a fence or gate on the property, including damage caused by a vehicle or other means; and (4) wildlife or an act of God. the conditions listed above.  Note, again, this provision applies only to “agricultural land.”

Fourth, if damage or injury occurs from the conditions listed above, the owner or lessee of the land must cure the defect within a reasonable time.  Thus, if a landowner fails to act reasonably in curing a defect such as a fence being down, for example, he or she may lose these statutory protections.

Finally, the statute does not limit liability of a landowner, lessee, or occupant of agricultural land for any damage or injury arising from his or her willful, wanton, or grossly negligent action.

This statute addresses concerns of many rural landowners across Texas.  Frequently at programs I receive questions about liability for landowners if livestock escape due to damaged fences from trespassers, vehicles driving through them, or trees falling.  This statute addresses these very real-life issues facing rural Texans and offers limited liability for Texas landowners.