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SENATORS SHAPIRO AND LUCIO HONORED

Senator Florence Shapiro, (District 8, Plano and Dallas) and Senator Eddie Lucio, (District 27, Rio Grande Valley) were both honored by TLR's Board of Governors and community leaders at separate luncheons in Dallas and Brownsville in June for their leadership on tort reform in the 1995 legislative session.

Senator Shapiro (with Representative Rob Junnell) sponsored HB 383, Limits on Governmental Liability. This law covers state and local government public servants (including elected or appointed officials, volunteers, employees, and commission or board members) and makes them not personally liable for damages in excess of $100,000 (if the public servant is covered by a governmental indemnity or insurance) for damages, injury, or death arising from actions taken in connection with their official acts or duties.

Senator Lucio (with Representatives Tom Craddick and Todd Hunter) sponsored SB31, Frivolous Lawsuits. This law makes it easier for judges to impose sanctions on parties who abuse the civil justice system.

Dick Weekley, President of Texans for Lawsuit Reform, presented inscribed awards to the Senators with words of praise and thanks to them for their support and efforts in bringing about these much needed reforms.

 

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HOMEOWNERS' AND LANDOWNERS' LIABILITY

During the 1980s, a series of changes to the law---mainly through court decisions---greatly increased the risk of an unfair lawsuit against property owners. Traditional rules that kept people from recovering a judgment when they voluntarily assumed a known risk were abolished. It became much easier for businesses to be held liable for criminal acts that occur on their property, even if the crimes were perpetrated by individuals with no connection to the business. While the Legislature took positive steps to protect rural landowners from lawsuits arising from certain recreational activities, these sensible safeguards were not specifically applied to urban landowners and most athletic or educational activities.

In each of these areas, the Legislature will have an opportunity to make positive changes during the 1997 session.

While it is easy to understand society's desire to heal victims of crime---particularly violent crimes---and appropriately punish those who are responsible, suing property owners who had no plausible connection to the crime is an inappropriate and unjust solution. The following example of this type of lawsuit shows why it is a misguided approach to dealing with criminal behavior.

A waitress in a topless dance club who had just gotten off work came into a grocery store around 3:00 AM to do some late night shopping. She was carrying a large amount of cash, presumably her tips from that evening's work. At the checkout counter, she began a conversation with a man who noticed her large quantity of money, a fact corroborated by the checkout clerk. They continued talking on the way out of the store and went to her car. Once they got in the car, the man turned violent, pistol-whipping and robbing her. This incident occurred at a store in a neighborhood with a safe reputation. The woman sued the grocery store chain, alleging the incident was caused by insufficient security. Although they felt the claim was without merit, the grocery store chain's management decided the economically prudent coarse was for them to settle out of court.

As this real-life example shows, it is not right for a responsible business exercising normal security precautions to be coerced into settling with a plaintiff when the business' only connection to the crime was to own the property upon which It occurred. The Legislature can remedy this defect in the law by holding landowners responsible for the criminal acts of other people only when they actually know of a serious risk and consciously refuse to take reasonable steps to protect or warn premises users.

Until recently, Texas law held that a person could not recover for injuries arising from a dangerous onpremises condition if the person appreciated and voluntarily exposed himself to the condition. Recovery was barred under a well -established defense known as "assumption of the risk."

Under current law, however, the fact that a plaintiff voluntarily exposes himself to a risk does not, in itself, prevent a defendant from being held liable. It is only a factor the jury can consider when assigning responsibility for the jury. A common sense approach to the law would hold that a person who voluntarily takes on a known risk should not be allowed to hold a landowner liable for any injuries that may result. During the next session, Texans for Lawsuit Reform will be recommending the reinstatement of "assumption of the risk" as a rock-solid defense in all premises liability cases.

State law should promote, rather than impede, the use of private land for recreational, charitable, and educational activities. The Texas Recreational Use law offers protection to certain types of private landowners who allow specific kinds of activities to occur on their properly. However, this positive statute can be improved to encourage a much larger population of private property owners to make their land available to worthwhile activities and non-profit organizations, particularly those benefiting children.

While defenders of the status quo might argue further changes are unnecessary, several real-life examples prove otherwise. The Houston YMCA has been turned down so many times because of liability concerns it has simply stopped asking private landowners for permission to come on their land for activities like youth soccer. These refusals have occurred even though the YMCA has liability insurance, in a similar vein, a Houston marathon runners' training program wishing to conduct educational seminars in a church basement was turned away because of fears of being sued.

To solve these problems and make the current statute truly effective, TLR recommends broadening it to explicitly cover both rural and urban property owners and all recreational activities, including athletics and educational programs. Most other states have already adopted this broad-based approach.

When the Legislature convenes in Austin next January, Texans for Lawsuit Reform will be advocating reasonable and necessary changes to premises liability law.

 

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Statewide Committee

R.C. Allen, Corpus Christi
Lonnie Arrington, Beaumont
Bob Barnes, Odessa
Dick Barnett, Tyler
Louis Beecherl, Dallas
Jack Blanton, Houston
Frank N. Boggus, Rio Grande Valley
Hugo Bustamante, El Paso
Dr. Donald M. Carlton, Austin
David Carrabba, College Station
Milton Carroll, Houston
Jack Cawood, Rio Grailde Valley
Ray Clymer, Wichita Falls
Jan Collmer, Dallas
John Coppedge, M.D., Longview
Frank Deaderick, Odessa
David H. Dewhurst, Houston
Eddie Forshage, Rio Grand Valley
Lupe Fraga, Houston
Claude Freeman, Lubbock
Elizabeth Ghrist, Houston
Bill Greehey, San Antonio
Mitch Hart, Dallas
Bill Hartley, Tyler
Roger Hemminghaus, San Antonio
Robert Hewitt, Victoria
Lyda Hill, Dallas
Roger Hirl, Dallas
Paul Howell, Houston
Ray L. Hunt, Dallas
John G. Hurd, San Antonio
Clark Johnson, Ft. Worth
Roane Lacy, Sr., Waco
Kenneth Lay, Houston
Lowell H. Lebermann, Austin
Jim Leininger, M.D., San Antonio
Cadell Liedtke, Midland
Leo Linbeck, Jr., Houston
Wales Madden, III, Amarillo
Darius R. Maggi, M.D., Denison
Max Mandel, Laredo
Jeffrey A. Marcus, Dallas
Drayton McLane, Temple
John Mark McLaughlin, San Angelo
Robert McNair, Houston
Anne H. MeNamara, Dallas
Walter Mischer, Sr., Houston
George P Mitchell, Galveston
Michael Morgan, Laredo
Beth & Reed Morion, Houston
Peter O'Donnell, Jr., Dallas
R.E. Parker, Corpus Christi
Howard T. Pebley, Jr., McMlen
Charles R. Perry; Odessa
Lee Pfluger, San Augelo
T. Boone Pickens, Dallas
Buck Prewitt, Temple
Samuel "Mendy" Rabicoff, Longview
A.W. Riter, Jr., Tyler
John V. Roach, Ft. Worth
Jonathan Rogers, El Paso
Robert D. Rogers, Dallas
Frederick E. Rowe, Jr., Dallas
Robert B. Rowling, Dallas
Kenneth E. Ruddy, Beaumont
Robert S. Scheurer, Wichita Falls
Milton Scott, Houston
David R. Seim, Lubbock
Allan Shivers, Jr., Austin
Harold C. Simmons, Dallas
William T. Solomon, Dallas
Phil Springer, College Station
F.L. Stephens, San Angelo
Gerald A. Sullivan, Galveston
Charles Teeple, Austin
Rice Tilley, Jr., Ft. Worth
Richard Trabulsi, Jr., Houston
James Tranum, Temple
Terry Tubb, M.D., Midland
J. Virgil Waggoner, Houston
Richard Ware, II, Amarillo
Johnny R. Warren, Midland
Richard W. Weekley, Houston
F.M. Young, Waco
H.B. Zachry, San Antonio

 

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Endorsements received through August 20, 1996 for 11.R's 1997 Legislative Agenda:

 

Associated Builders & Contractors of Texas
Associated General Contractors - Texas Building Branch
Association at Chemical Industry of Texas
Automotive Wholesalers at Texas
Consulting Engineers Council of Texas
Indepenaent Bankers Association of Texas
Lumberman's Association at Texas
National Federation Independent Businesses
Printing Industries Association of Texas
Rural Rental Housing Association of Texas
Southwest Association
Southwest Meat Association
State Firemen's and Fire Marshals' Association of Texas
Texas Air Conditioning Contractors Association
Texas and Southwestern Cattle Raisers Association
Texas Apartrnent Association Inc.
Texas Association of Builders
Texas Association of Business and Chamber of Commerce
Texas Association of Nurserymen
Texas Association of Realtors
Texas Chemical Council
Texas Cotton Ginners' Association
Texas Food Industry Association
Texas Grain & Feed Association
Texas Heatth Care Association
Texas Hospital Association
Texas Hotel and Motel Associallon
Texas Medical Association
Texas Osteopathic Medical Association
Texas Risk Retention Association
Texas Rental Association
Texas Seed Trade Association
Texas Sign Manufacturers Assoc.
Texas Society of Certified Public Accountants
Texas Society at Professional Engineers
Texas Society of Professional Surveyors

 

Apartment Association of Greater Dallas
Apartment Association or Southeast Texas
Associated General Contractors of America, Inc./Austin
Associated General Contractors, Inc /Houston
Associated General Contractors/Dallas
Associaiton at Consulting Municipal Engineers of Houston
Austin Apartment Association
Austin Board of Realtors
Building Owners and Managers Association of Austin
Builders Association of Fort Worth & Tarrant County
Consulting Engineers Council of TX, San Antonio Chapter
Greater Dallas Associaiton of Realtors
Greater Houston Builders Associatian
Greater Houston Hospital Council
Gulf Coast Grocery Assn. of Texas
Home Builders Assoc. of Southeast Texas
Houston Apartment Association
Houston Assoc. of Insurance Agents
Houston Assoc. of Life Underwiriters
Houston Association of Realtors
Institute of Real Estate Management/Houston
Jefferson County Medical Society
Lubbock Apartment Association
Mechanical Contractors Assoc. of Houston
San Antonio Apartment Association, Inc.
Texas Capital Area Builders Association
Texas Society of C.P.A.'S - Houston Chapter
Tritech Regional council

 

Arlington Chamber of Commerce
Bellville Chamber of Comrnerce
Canton Texas Chamber of Commerce
Denlson Area Chamber of Commerce
DeSoto Chamber of Commerce
Eastland Chamber of Commerce
Everman Area Chamber of Commerce
Glddings Chamber of Commerce
Greater Austin Chamber of Commerce
Greater Dallas Chamber of Commerce
Greater Houston Partnership
Greater Killeen Chamber of Commerce
Greater New Braunfels Chamber of Commerce
Greater Orange Area Chamber of Commerce
Greenville Chamber of Commerce
Hallettsville Chabber of Comm. & Agriculture
HarkerHeights Chamber of Commerce
Houston County Chamber of Commerce
Humble Area Chamber of Commerce
Longview Partnership
Marble Falls-Lake LBJ Chamber of Commerce
North Houston Association
Pampa Chamber of Commerce
Raymondville Chamber of Commerce
Shamrock Chamber of Commerce
South Montgomery County-Woodlands
South San Antonio Chamber of Commerce
Taft Chamber of Commerce
Westchase Business Council
Wharton Chamber of Commerce