Texas 2015 - 84th Regular

Texas House Bill HB1203 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R14672 SCL-D
2	2	By: Murr, Sheffield, Cyrier, et al. H.B. No. 1203
3	3	Substitute the following for H.B. No. 1203:
4	4	By: Cyrier C.S.H.B. No. 1203
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to limited liability for an agritourism entity involved in
10	10	an agritourism activity.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 4, Civil Practice and Remedies Code, is
13	13	amended by adding Chapter 75A to read as follows:
14	14	CHAPTER 75A. LIMITED LIABILITY FOR AGRITOURISM ACTIVITIES
15	15	Sec. 75A.001. DEFINITIONS. In this chapter:
16	16	(1) "Agricultural land" means land that is located in
17	17	this state and that is suitable for:
18	18	(A) use in production of plants and fruits grown
19	19	for human or animal consumption, or plants grown for the production
20	20	of fibers, floriculture, viticulture, horticulture, or planting
21	21	seed; or
22	22	(B) domestic or native farm or ranch animals kept
23	23	for use or profit.
24	24	(2) "Agritourism activity" means an activity on
25	25	agricultural land for recreational or educational purposes of
26	26	participants, without regard to compensation.
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, including a person who displays exotic animals to the
30	30	public on agricultural land.
31	31	(4) "Agritourism participant" means an individual,
32	32	other than an employee of an agritourism entity, who engages in an
33	33	agritourism activity.
34	34	(5) "Agritourism participant injury" means an injury
35	35	sustained by an agritourism participant, including bodily injury,
36	36	emotional distress, death, property damage, or any other loss
37	37	arising from the person's participation in an agritourism activity.
38	38	(6) "Premises" has the meaning assigned by Section
39	39	75.001.
40	40	(7) "Recreation" has the meaning assigned by Section
41	41	75.001.
42	42	Sec. 75A.002. LIMITED LIABILITY. (a) Except as provided by
43	43	Subsection (b), an agritourism entity is not liable to any person
44	44	for an agritourism participant injury or damages arising out of the
45	45	agritourism participant injury if:
46	46	(1) at the time of the agritourism activity from which
47	47	the injury arises, the warning prescribed by Section 75A.003 was
48	48	posted in accordance with that section; or
49	49	(2) the agritourism entity obtained in accordance with
50	50	Section 75A.004 a written agreement and warning statement from the
51	51	agritourism participant with respect to the agritourism activity
52	52	from which the injury arises.
53	53	(b) This section does not limit liability for an injury:
54	54	(1) proximately caused by:
55	55	(A) the agritourism entity's negligence
56	56	evidencing a disregard for the safety of the agritourism
57	57	participant;
58	58	(B) one of the following dangers, of which the
59	59	agritourism entity had actual knowledge or reasonably should have
60	60	known:
61	61	(i) a dangerous condition on the land,
62	62	facilities, or equipment used in the activity; or
63	63	(ii) the dangerous propensity, that is not
64	64	disclosed to the agritourism participant, of a particular animal
65	65	used in the activity; or
66	66	(C) the agritourism entity's failure to train or
67	67	improper training of an employee of the agritourism entity actively
68	68	involved in an agritourism activity; or
69	69	(2) intentionally caused by the agritourism entity.
70	70	(c) A limitation on liability provided by this section to an
71	71	agritourism entity is in addition to other limitations of
72	72	liability.
73	73	Sec. 75A.003. POSTED WARNING. For the purposes of
74	74	limitation of liability under Section 75A.002(a)(1), an
75	75	agritourism entity must post and maintain a sign in a clearly
76	76	visible location on or near any premises on which an agritourism
77	77	activity is conducted. The sign must contain the following
78	78	language:
79	79	WARNING
80	80	UNDER TEXAS LAW (CHAPTER 75A, CIVIL
81	81	PRACTICE AND REMEDIES CODE), AN AGRITOURISM
82	82	ENTITY IS NOT LIABLE FOR ANY INJURY TO OR
83	83	DEATH OF AN AGRITOURISM PARTICIPANT
84	84	RESULTING FROM AN AGRITOURISM ACTIVITY.
85	85	Sec. 75A.004. SIGNED AGREEMENT AND WARNING. For the
86	86	purposes of limitation of liability under Section 75A.002(a)(2), a
87	87	written agreement and warning statement is considered effective and
88	88	enforceable if it:
89	89	(1) is signed before the agritourism participant
90	90	participates in an agritourism activity;
91	91	(2) is signed by the agritourism participant or, if
92	92	the agritourism participant is a minor, the agritourism
93	93	participant's parent, managing conservator, or guardian;
94	94	(3) is in a document separate from any other agreement
95	95	between the agritourism participant and the agritourism entity
96	96	other than a different warning, consent, or assumption of risk
97	97	statement;
98	98	(4) is printed in not less than 10-point bold type; and
99	99	(5) contains the following language:
100	100	AGREEMENT AND WARNING
101	101	I UNDERSTAND AND ACKNOWLEDGE THAT AN
102	102	AGRITOURISM ENTITY IS NOT LIABLE FOR ANY
103	103	INJURY TO OR DEATH OF AN AGRITOURISM
104	104	PARTICIPANT RESULTING FROM AGRITOURISM
105	105	ACTIVITIES. I UNDERSTAND THAT I HAVE
106	106	ACCEPTED ALL RISK OF INJURY, DEATH,
107	107	PROPERTY DAMAGE, AND OTHER LOSS THAT MAY
108	108	RESULT FROM AGRITOURISM ACTIVITIES.
109	109	SECTION 2. The change in law made by this Act applies only
110	110	to a cause of action that accrues on or after the effective date of
111	111	this Act. A cause of action that accrues before the effective date
112	112	of this Act is governed by the law in effect immediately before the
113	113	effective date of this Act, and that law is continued in effect for
114	114	that purpose.
115	115	SECTION 3. This Act takes effect immediately if it receives
116	116	a vote of two-thirds of all the members elected to each house, as
117	117	provided by Section 39, Article III, Texas Constitution. If this
118	118	Act does not receive the vote necessary for immediate effect, this
119	119	Act takes effect September 1, 2015.