82nd Texas Legislature, Regular Session, Senate Bill 1160, Chapter 101 Page: 3 of 5
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AN
S.B. No. 1160
1 (1) the place where the artificial condition exists is
2 one upon which the owner, lessee, or occupant knew or reasonably
3 should have known that children were likely to trespass;
4 (2) the artificial condition is one that the owner,
5 lessee, or occupant knew or reasonably should have known existed,
6 and that the owner, lessee, or occupant realized or should have
7 realized involved an unreasonable risk of death or serious bodily
8 harm to such children;
9 (3) the injured child, because of the child's youth,
10 did not discover the condition or realize the risk involved in
11 intermeddling with the condition or coming within the area made
12 dangerous by the condition;
13 (4) the utility to the owner, lessee, or occupant of
14 maintaining the artificial condition and the burden of eliminating
15 the danger were slight as compared with the risk to the child
16 involved; and
17 (5) the owner, lessee, or occupant failed to exercise
18 reasonable care to eliminate the danger or otherwise protect the
19 child.
20 (d) An owner, lessee, or occupant of land whose actions are
21 justified under Subchapter C or D, Chapter 9, Penal Code, is not
22 liable to a trespasser for damages arising from those actions.
23 (e) This section does not affect Section 75.001, 75.002,
24 75.0021, 75.003, or 75.004 or create or increase the liability of
25 any person.
26 SECTION 4. The change in law made by this Act applies only
27 to a cause of action that accrues on or after the effective date of3
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Texas. Legislature. Senate. 82nd Texas Legislature, Regular Session, Senate Bill 1160, Chapter 101, legislative document, May 20, 2011; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth311764/m1/3/: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.