According to the Legislative Budget Board (LBB), HB 1990 is not expected to have a significant fiscal impact on the State of Texas. The bill’s provisions, which provide liability protection for owners, lessees, and occupants of nonagricultural land in certain circumstances, are not anticipated to result in measurable changes to state agency operations or the state court system that would require additional appropriations. Any associated costs are expected to be absorbed within the agencies’ existing resources.

Similarly, no significant fiscal implications are anticipated for local governments. The protections afforded by the bill could potentially reduce civil litigation involving local public safety agencies or officials (such as peace officers and firefighters), but any cost savings are expected to be minimal and indeterminate. Likewise, municipalities and counties are not expected to incur new expenses as a result of implementing this legislation.

The Office of Court Administration, the primary state agency consulted on the bill, did not identify any significant administrative or financial impacts on the judiciary. Overall, HB 1990 is considered to have a neutral budgetary effect for both state and local governments.

HB 1990 represents a prudent clarification in Texas liability law that strengthens the legal position of private property owners without removing critical safeguards for accountability. It extends protection from civil liability to owners, lessees, and occupants of nonagricultural land for injuries or property damage that occur as a result of actions by law enforcement officers, firefighters, trespassers, or other third parties, regardless of whether those individuals were permitted to enter the land. The bill also covers injuries caused by wildlife or acts of God. This limitation of liability applies only where the landowner did not contribute to the harm through gross negligence or intentional misconduct, maintaining a meaningful standard of accountability.

These protections address a gap in existing law, where individuals who did not invite or control the actions of public officials or trespassers could nevertheless face costly and stressful lawsuits. By explicitly defining the boundaries of liability, HB 1990 offers certainty to property owners and limits their exposure to litigation in cases where they neither authorized nor caused the events in question. This is particularly important for landowners in rural or semi-rural areas who may be unaware of law enforcement activity or other third-party intrusions on their property. The bill thus provides fairness and legal clarity without removing the ability of injured parties to sue the proper responsible actors.

Some concerns might arise regarding whether this law would effectively shield state actors (such as law enforcement) from liability by removing an avenue for civil redress through property owners. However, the bill does not expand immunity for government officials. It solely limits the liability of the landowner, not the person who actually causes harm. Individuals harmed by the actions of officers or others still retain their legal rights to pursue claims directly against those parties—subject to existing doctrines such as sovereign immunity, which are unchanged by this bill.

Moreover, the bill preserves the right to sue landowners in cases involving willful misconduct, wanton acts, or gross negligence. This ensures that where property owners knowingly allow hazardous conditions to persist or act in a reckless manner, they remain accountable. The inclusion of this exception is a critical safeguard that prevents the abuse of the liability shield and upholds the broader public interest in safety and responsibility.

From a legal structure perspective, the bill aligns with other parts of Chapter 75 of the Texas Civil Practice and Remedies Code, which already limits liability for certain uses of agricultural land and recreational activities. HB 1990 expands the principles of fairness and predictability into the nonagricultural context, filling a policy gap without creating new bureaucratic requirements, costs, or regulatory burdens. According to the Legislative Budget Board, the bill has no significant fiscal impact on state or local governments.

In conclusion, HB 1990 is a balanced and reasonable reform that protects private landowners from lawsuits rooted in events beyond their control while maintaining legal remedies for those harmed by truly negligent or malicious actions. It strengthens property rights, clarifies legal responsibilities, and encourages a more rational and equitable liability framework. For these reasons, Texas Policy Research recommends that lawmakers vote YES on HB 1990.

• Individual Liberty: The bill reinforces individual liberty by protecting private landowners from unjust civil liability for the actions of others over whom they have no control. Without this protection, landowners could be sued simply because a law enforcement officer, firefighter, or trespasser entered their property and caused injury or damage. This type of exposure undermines personal liberty by holding individuals legally responsible for the independent acts of government agents or third parties. By clarifying that landowners are not liable in such circumstances, except in cases of gross negligence or willful misconduct, the bill ensures that individuals are free from burdensome and unmerited legal entanglements, thereby enhancing their autonomy and peace of mind.
• Personal Responsibility: The bill carefully distinguishes between actions for which a landowner should be liable and those for which they should not. It affirms that individuals must still take responsibility for their own misconduct (e.g., gross negligence or intentional harm), while removing responsibility for the unpredictable and unauthorized actions of others. This ensures that liability is properly assigned to those who actually caused the harm. By doing so, the bill avoids creating blanket immunity and instead upholds a standard of personal responsibility that is both realistic and morally fair.
• Free Enterprise: While the bill primarily addresses personal liability, it may have a modestly positive impact on free enterprise, particularly for those who use or lease nonagricultural land for commercial purposes. For example, businesses that own vacant lots, storage yards, or construction staging areas may be less likely to face liability for harm caused by trespassers or unauthorized responders. However, because the bill does not directly alter business regulation, tax policy, or market structures, its effect on free enterprise is indirect and likely minimal.
• Private Property Rights: This is the area where the bill has the greatest impact. It clearly reinforces the right of individuals to be secure in their ownership and use of private property without being punished for the conduct of others. Texas law already provides limited liability protections for agricultural and recreational land under Chapter 75, and this bill expands similar protections to owners of nonagricultural land. By reducing the legal risk associated with owning land, the bill empowers Texans to exercise fuller dominion over their property and protects them from being used as deep-pocket targets for litigation based on circumstances outside their control. This protects the essence of private property as a shield against arbitrary legal intrusion.
• Limited Government: The bill places a boundary on how far civil liability, an extension of state power, can reach into the lives of private citizens. The bill restricts the state’s ability to assign liability where no fault or negligence exists. By codifying these limitations, the legislation reins in potential overreach by both courts and plaintiffs who might seek damages from blameless landowners. It also prevents state or local actors from indirectly shifting liability to private individuals for the consequences of government action (e.g., during warrantless raids or emergency responses). In this way, the bill affirms the principle that government power must be restrained and predictable.