Texas 2013 - 83rd Regular

Texas House Bill HB3385 Compare Versions

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1	1	83R7167 SCL-D
2	2	By: Hilderbran H.B. No. 3385
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to limited liability for an agritourism entity involved in
8	8	an agritourism activity.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 4, Civil Practice and Remedies Code, is
11	11	amended by adding Chapter 75A to read as follows:
12	12	CHAPTER 75A. LIMITED LIABILITY FOR AGRITOURISM ACTIVITIES
13	13	Sec. 75A.001. DEFINITIONS. In this chapter:
14	14	(1) "Agricultural land" means land that is located in
15	15	this state and that is suitable for:
16	16	(A) use in production of plants and fruits grown
17	17	for human or animal consumption, or plants grown for the production
18	18	of fibers, floriculture, viticulture, horticulture, or planting
19	19	seed; or
20	20	(B) domestic or native farm or ranch animals kept
21	21	for use or profit.
22	22	(2) "Agritourism activity" means an activity on
23	23	agricultural land for recreational or educational purposes of a
24	24	participant. An activity is an agritourism activity without regard
25	25	to whether the participant compensated the agritourism entity to
26	26	participate in the activity.
27	27	(3) "Agritourism entity" means a person engaged in the
28	28	business of providing an agritourism activity, without regard to
29	29	compensation.
30	30	(4) "Agritourism participant" means a person, other
31	31	than an employee of an agritourism entity, who engages in an
32	32	agritourism activity.
33	33	(5) "Agritourism participant injury" means an injury
34	34	sustained by an agritourism participant, including bodily injury,
35	35	emotional distress, death, property damage, or any other loss
36	36	arising from the person's participation in an agritourism activity.
37	37	(6) "Premises" has the meaning assigned by Section
38	38	75.001.
39	39	(7) "Recreation" has the meaning assigned by Section
40	40	75.001.
41	41	Sec. 75A.002. LIMITED LIABILITY. (a) Except as provided by
42	42	Subsection (b), an agritourism entity is not liable to any person
43	43	for an agritourism participant injury or damages arising out of the
44	44	agritourism participant injury if:
45	45	(1) the warning required by Section 75A.003 is posted
46	46	as required; or
47	47	(2) the agritourism entity has a signed release from
48	48	the agritourism participant indicating that the agritourism
49	49	participant has received written notice of the warning required by
50	50	Section 75A.003.
51	51	(b) This section does not limit liability for an injury:
52	52	(1) proximately caused by the agritourism entity's
53	53	negligence evidencing a disregard for the safety of the agritourism
54	54	participant;
55	55	(2) proximately caused by the agritourism entity, who
56	56	had actual knowledge or reasonably should have known of:
57	57	(A) a dangerous condition on the land,
58	58	facilities, or equipment used in the activity; or
59	59	(B) the dangerous propensity, that is not
60	60	disclosed to the agritourism participant, of a particular animal
61	61	used in the activity;
62	62	(3) proximately caused by a failure to train or
63	63	improper training of an employee of the agritourism entity actively
64	64	involved in an agritourism activity; or
65	65	(4) intentionally caused by the agritourism entity.
66	66	(c) A limitation on liability by this section to an
67	67	agritourism entity is in addition to other limitations of
68	68	liability.
69	69	Sec. 75A.003. WARNING REQUIRED. Unless a written agreement
70	70	and warning statement described by Section 75A.004 is given to and
71	71	signed by the agritourism participant, an agritourism entity shall
72	72	post and maintain a sign in a clearly visible location on or near
73	73	any premises on which an agritourism activity is conducted. The
74	74	sign must contain the following language:
75	75	WARNING
76	76	UNDER TEXAS LAW (CHAPTER 75A, CIVIL
77	77	PRACTICE AND REMEDIES CODE), AN AGRITOURISM
78	78	ENTITY IS NOT LIABLE FOR ANY INJURY OR DEATH
79	79	OF AN AGRITOURISM PARTICIPANT RESULTING
80	80	FROM AN AGRITOURISM ACTIVITY.
81	81	Sec. 75A.004. AGREEMENT EFFECTIVE AND ENFORCEABLE. A
82	82	written agreement and warning statement is considered effective and
83	83	enforceable if it is:
84	84	(1) signed before the agritourism participant
85	85	participates in any agritourism activity;
86	86	(2) signed by the agritourism participant;
87	87	(3) in a document separate from any other agreement
88	88	between the agritourism participant and the agritourism entity
89	89	other than a different warning, consent, or assumption of risk
90	90	statement;
91	91	(4) printed in not less than 10-point bold type; and
92	92	(5) contains the following language:
93	93	AGREEMENT AND WARNING
94	94	I UNDERSTAND AND ACKNOWLEDGE THAT AN
95	95	AGRITOURISM ENTITY IS NOT LIABLE FOR ANY
96	96	INJURY TO OR DEATH OF AN AGRITOURISM
97	97	PARTICIPANT RESULTING FROM AGRITOURISM
98	98	ACTIVITIES. I UNDERSTAND THAT I HAVE
99	99	ACCEPTED ALL RISK OF INJURY, DEATH,
100	100	PROPERTY DAMAGE, AND OTHER LOSS THAT MAY
101	101	RESULT FROM AGRITOURISM ACTIVITIES.
102	102	SECTION 2. The change in law made by this Act applies only
103	103	to a cause of action that accrues on or after the effective date of
104	104	this Act. A cause of action that accrues before the effective date
105	105	of this Act is governed by the law in effect immediately before the
106	106	effective date of this Act, and that law is continued in effect for
107	107	that purpose.
108	108	SECTION 3. This Act takes effect immediately if it receives
109	109	a vote of two-thirds of all the members elected to each house, as
110	110	provided by Section 39, Article III, Texas Constitution. If this
111	111	Act does not receive the vote necessary for immediate effect, this
112	112	Act takes effect September 1, 2013.