Sec. 75.006. LIABILITY LIMITED 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.
(b) A landowner is not liable for damages arising from an incident or accident caused by livestock of the landowner due to an act or omission of a firefighter or a peace officer who has entered the landowner's property with or without the permission of the landowner, 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 that arises from 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, 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.
(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.
Added by Acts 2009, 81st Leg., R.S., Ch. 786 (S.B. 1153), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 101 (S.B. 1160), Sec. 1, eff. May 20, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 101 (S.B. 1160), Sec. 2, eff. May 20, 2011.
Section: Previous 75.001 75.002 75.0021 75.0022 75.0025 75.003 75.004 75.006Last modified: September 28, 2016