| 1 | 1 | | 83R22385 AJA-F |
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| 2 | 2 | | By: Frullo H.B. No. 2839 |
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| 3 | 3 | | Substitute the following for H.B. No. 2839: |
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| 4 | 4 | | By: King of Hemphill C.S.H.B. No. 2839 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a landowner's liability for certain aviation activities |
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| 10 | 10 | | on the owner's land. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 75.001, Civil Practice and Remedies |
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| 13 | 13 | | Code, is amended by adding Subdivision (1-a) and amending |
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| 14 | 14 | | Subdivision (3) to read as follows: |
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| 15 | 15 | | (1-a) "Aviation activities" means the operation, |
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| 16 | 16 | | including taxiing, handling, taking off, flying, or landing, of an |
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| 17 | 17 | | airplane or other aircraft. |
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| 18 | 18 | | (3) "Recreation" means an activity such as: |
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| 19 | 19 | | (A) hunting; |
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| 20 | 20 | | (B) fishing; |
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| 21 | 21 | | (C) swimming; |
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| 22 | 22 | | (D) boating; |
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| 23 | 23 | | (E) camping; |
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| 24 | 24 | | (F) picnicking; |
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| 25 | 25 | | (G) hiking; |
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| 26 | 26 | | (H) pleasure driving, including off-road |
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| 27 | 27 | | motorcycling and off-road automobile driving and the use of |
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| 28 | 28 | | all-terrain vehicles; |
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| 29 | 29 | | (I) nature study, including bird-watching; |
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| 30 | 30 | | (J) cave exploration; |
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| 31 | 31 | | (K) waterskiing and other water sports; |
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| 32 | 32 | | (L) any other activity associated with enjoying |
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| 33 | 33 | | nature or the outdoors; |
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| 34 | 34 | | (M) bicycling and mountain biking; |
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| 35 | 35 | | (N) disc golf; |
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| 36 | 36 | | (O) on-leash and off-leash walking of dogs; [or] |
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| 37 | 37 | | (P) radio control flying and related activities; |
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| 38 | 38 | | or |
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| 39 | 39 | | (Q) aviation activities in connection with the |
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| 40 | 40 | | use of a landing or takeoff area: |
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| 41 | 41 | | (i) that complies with the Federal Aviation |
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| 42 | 42 | | Administration notification requirements under 14 C.F.R. Part 157; |
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| 43 | 43 | | (ii) located on land the owner, lessee, or |
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| 44 | 44 | | occupant of which is not a governmental unit; |
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| 45 | 45 | | (iii) held open to the public for aviation |
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| 46 | 46 | | activities by the owner, lessee, or occupant of the land on which |
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| 47 | 47 | | the landing or takeoff area is located; and |
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| 48 | 48 | | (iv) for the use of which the owner, lessee, |
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| 49 | 49 | | or occupant of the land does not charge. |
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| 50 | 50 | | SECTION 2. The change in law made by this Act applies only |
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| 51 | 51 | | to a cause of action that accrues on or after the effective date of |
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| 52 | 52 | | this Act. A cause of action that accrues before the effective date |
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| 53 | 53 | | of this Act is governed by the law applicable to the cause of action |
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| 54 | 54 | | immediately before the effective date of this Act, and that law is |
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| 55 | 55 | | continued in effect for that purpose. |
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| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2013. |
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