Landowner Liability & Trespassing
The Issue
STPRA is very concerned about the potential liability of property owners who, through no fault of their own, might experience death or injury to others on or near their properties as a result of errors or omissions by law enforcement or public safety officials. Several members of STPRA and their friends and neighbors have experienced this liability exposure. As a result, some have restricted access to their properties by the aforementioned officials. Property owners who have not directly experienced instances of possible liability exposure are still deeply concerned about protecting themselves from possible liability in the future.
Protection is needed at the federal, state, and local levels. The U.S. Border Patrol has a huge presence in South Texas and a crucial role to play in protecting the public. To most effectively perform their mission, however, Border Patrol agents need access to private property. That access may now be hindered by property owners who are fearful of liability exposure that may occur in a pursuit situation. At the state and local levels, there are pursuits by police and sheriffs’ departments, enforcements by Parks and Wildlife officials, and responses by fire-fighting jurisdictions which often occur on private property. All of these situations have the potential of resulting in liability to property owners.
Position
Property owners are appreciative of the overall objectives of law enforcement and public safety. Protecting property owners from liability for actions and omissions of officials at all levels of government will enable the property owners to be full partners in exercises by state, federal, and local officials.
State Legislation
In the 2009 session of the Texas legislature, State Senator Juan “Chuy” Hinojosa introduced legislation limiting land owner liability for “damages arising from an act or omission of a peace officer”. However, in the Senate State Affairs Committee, apparently some members had concerns about the broad scope of the legislation, especially as it might relate to urban areas. As a result, the bill was rewritten in that committee to refer only to damages caused by escaped livestock. The bill was finally passed and became law in that form.
In 2011 STPRA led a successful effort to strengthen and broaden landowner protection as it was originally intended. In cooperation with our allies and the leadership of Sen. Hinojosa and Rep. J.M. Lozano, our bill was passed as an amendment to a larger trespassing liability protection bill, SB 1160.
Federal Legislation
We have been in intensive contact with committee staff members working under Sen. Cornyn and Rep. Lamar Smith to include landowner protection in regard to trespassing duty-of- care legislation.
We have demonstrated that landowner liability protection will enhance access for the Border Patrol and strengthen their work and we have provided specific instances where liability protection would have prevented hardships for landowners. It has also been suggested that we consider advocating an additional appropriation in the Border Patrol’s budget to cover any expenses they may incur from damage claims stemming from acts and omission by their agents.