As of May 20, 2011, Texans — particularly rural Texans — can breathe easier. No, the severe drought and wildfires have not ended. Instead, Texans no longer have to fear lawsuits and huge financial losses after law enforcement officers have come onto to their property.
Most would ask, “Why would I be sued, simply because law enforcement has been requested to come onto my premises or, in pursuit of a suspect, comes onto my premises?” As absurd as it may seem, criminals and trespassers have filed suits against landowners claiming harm caused by the law enforcement officer because the law enforcement officer was allowed onto the premises by the owner.
If the explanation is confusing, consider this example. A burglary has occurred. The rancher sees the culprit in the house. Law enforcement is called and responds. The culprit exits the house and flees into the pasture. Law enforcement pursues the burglar through the rough terrain. The burglar lies down in thick clumps of grass to hide. Law enforcement accidentally runs over the culprit. The culprit survives and sues the landowner for permitting law enforcement on the premises.
Yes, this is reality, not comedy or fiction. Some landowners would not allow law enforcement on their property for fear of losing their property in a lawsuit brought by the trespassers and/or criminals.
For the last three years the Baker Institute Homeland Security and Terrorism Program has worked to correct this situation, and on May 20, 2011, Gov. Rick Perry signed SB 1160 into law. Agricultural landowners are now protected from lawsuits when state peace officers and federal law enforcement officers come onto their property.
Sometimes common sense must be codified into law to protect against frivolous lawsuits that endanger the financial security and livelihood of hardworking Texans.
Joan Neuhaus Schaan is the fellow in homeland security and terrorism at the Baker Institute, coordinator of the Texas Security Forum, and serves on the advisory board of the Transborder International Police Association. She has served as the executive director of the Houston-Harris County Regional Homeland Security Advisory Council and on the board of Crime Stoppers of Houston, Inc.