Texas House Bill HB1898

Texas 2009 - 81st Regular

• Out of House Committee: 5/5/09

Caption

Relating to notice required for certain recreational activities on premises owned, operated, or maintained by a governmental unit.

Impact

The enactment of HB1898 would alter the protections available to governmental entities regarding liability for injuries sustained during approved recreational activities. By necessitating the posting of specific signs on government premises, it aims to inform participants about the inherent risks involved and the limitations on recovery for damages through the legal system. This visibility is expected to decrease lawsuits against governmental entities by ensuring that participants are adequately warned of the risk levels.

Summary

House Bill 1898 focuses on the liability limitations for governmental units in relation to certain recreational activities. The bill prescribes that premises owned, operated, or maintained by governmental units must post clear and readable signage warning participants of the limitations of liability as outlined in Chapter 75 of the Civil Practice and Remedies Code. The activities covered under this bill include sports and leisure activities such as hockey, in-line skating, skateboarding, and bicycling, among others.

Contention

While the bill may contribute to a clearer understanding of liability among participants in recreational activities, there might be concerns regarding the effectiveness of the signage and whether it truly mitigates the risks for governmental units. Some opponents may argue that simply posting a sign does not eliminate the risk of injury nor does it address situations where negligence on the part of the governmental unit could still pose a threat to safety. This potential gap highlights the ongoing debate about the balance between protecting government resources and ensuring public safety.