83R7167 SCL-D
By: Hilderbran H.B. No. 3385
A BILL TO BE ENTITLED
AN ACT
relating to limited liability for an agritourism entity involved in
an agritourism activity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 75A to read as follows:
CHAPTER 75A. LIMITED LIABILITY FOR AGRITOURISM ACTIVITIES
Sec. 75A.001. DEFINITIONS. In this chapter:
(1) "Agricultural land" means land that is located in
this state and that is suitable for:
(A) use in production of plants and fruits grown
for human or animal consumption, or plants grown for the production
of fibers, floriculture, viticulture, horticulture, or planting
seed; or
(B) domestic or native farm or ranch animals kept
for use or profit.
(2) "Agritourism activity" means an activity on
agricultural land for recreational or educational purposes of a
participant. An activity is an agritourism activity without regard
to whether the participant compensated the agritourism entity to
participate in the activity.
(3) "Agritourism entity" means a person engaged in the
business of providing an agritourism activity, without regard to
compensation.
(4) "Agritourism participant" means a person, other
than an employee of an agritourism entity, who engages in an
agritourism activity.
(5) "Agritourism participant injury" means an injury
sustained by an agritourism participant, including bodily injury,
emotional distress, death, property damage, or any other loss
arising from the person's participation in an agritourism activity.
(6) "Premises" has the meaning assigned by Section
75.001.
(7) "Recreation" has the meaning assigned by Section
75.001.
Sec. 75A.002. LIMITED LIABILITY. (a) Except as provided by
Subsection (b), an agritourism entity is not liable to any person
for an agritourism participant injury or damages arising out of the
agritourism participant injury if:
(1) the warning required by Section 75A.003 is posted
as required; or
(2) the agritourism entity has a signed release from
the agritourism participant indicating that the agritourism
participant has received written notice of the warning required by
Section 75A.003.
(b) This section does not limit liability for an injury:
(1) proximately caused by the agritourism entity's
negligence evidencing a disregard for the safety of the agritourism
participant;
(2) proximately caused by the agritourism entity, who
had actual knowledge or reasonably should have known of:
(A) a dangerous condition on the land,
facilities, or equipment used in the activity; or
(B) the dangerous propensity, that is not
disclosed to the agritourism participant, of a particular animal
used in the activity;
(3) proximately caused by a failure to train or
improper training of an employee of the agritourism entity actively
involved in an agritourism activity; or
(4) intentionally caused by the agritourism entity.
(c) A limitation on liability by this section to an
agritourism entity is in addition to other limitations of
liability.
Sec. 75A.003. WARNING REQUIRED. Unless a written agreement
and warning statement described by Section 75A.004 is given to and
signed by the agritourism participant, an agritourism entity shall
post and maintain a sign in a clearly visible location on or near
any premises on which an agritourism activity is conducted. The
sign must contain the following language:
WARNING
UNDER TEXAS LAW (CHAPTER 75A, CIVIL
PRACTICE AND REMEDIES CODE), AN AGRITOURISM
ENTITY IS NOT LIABLE FOR ANY INJURY OR DEATH
OF AN AGRITOURISM PARTICIPANT RESULTING
FROM AN AGRITOURISM ACTIVITY.
Sec. 75A.004. AGREEMENT EFFECTIVE AND ENFORCEABLE. A
written agreement and warning statement is considered effective and
enforceable if it is:
(1) signed before the agritourism participant
participates in any agritourism activity;
(2) signed by the agritourism participant;
(3) in a document separate from any other agreement
between the agritourism participant and the agritourism entity
other than a different warning, consent, or assumption of risk
statement;
(4) printed in not less than 10-point bold type; and
(5) contains the following language:
AGREEMENT AND WARNING
I UNDERSTAND AND ACKNOWLEDGE THAT AN
AGRITOURISM ENTITY IS NOT LIABLE FOR ANY
INJURY TO OR DEATH OF AN AGRITOURISM
PARTICIPANT RESULTING FROM AGRITOURISM
ACTIVITIES. I UNDERSTAND THAT I HAVE
ACCEPTED ALL RISK OF INJURY, DEATH,
PROPERTY DAMAGE, AND OTHER LOSS THAT MAY
RESULT FROM AGRITOURISM ACTIVITIES.
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 in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.