83R22385 AJA-F
By: Frullo H.B. No. 2839
Substitute the following for H.B. No. 2839:
By: King of Hemphill C.S.H.B. No. 2839
A BILL TO BE ENTITLED
AN ACT
relating to a landowner's liability for certain aviation activities
on the owner's land.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 75.001, Civil Practice and Remedies
Code, is amended by adding Subdivision (1-a) and amending
Subdivision (3) to read as follows:
(1-a) "Aviation activities" means the operation,
including taxiing, handling, taking off, flying, or landing, of an
airplane or other aircraft.
(3) "Recreation" means an activity such as:
(A) hunting;
(B) fishing;
(C) swimming;
(D) boating;
(E) camping;
(F) picnicking;
(G) hiking;
(H) pleasure driving, including off-road
motorcycling and off-road automobile driving and the use of
all-terrain vehicles;
(I) nature study, including bird-watching;
(J) cave exploration;
(K) waterskiing and other water sports;
(L) any other activity associated with enjoying
nature or the outdoors;
(M) bicycling and mountain biking;
(N) disc golf;
(O) on-leash and off-leash walking of dogs; [or]
(P) radio control flying and related activities;
or
(Q) aviation activities in connection with the
use of a landing or takeoff area:
(i) that complies with the Federal Aviation
Administration notification requirements under 14 C.F.R. Part 157;
(ii) located on land the owner, lessee, or
occupant of which is not a governmental unit;
(iii) held open to the public for aviation
activities by the owner, lessee, or occupant of the land on which
the landing or takeoff area is located; and
(iv) for the use of which the owner, lessee,
or occupant of the land does not charge.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law applicable to the cause of action
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.