Texas 2015 - 84th Regular

Texas House Bill HB1203

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to limited liability for an agritourism entity involved in an agritourism activity.

Impact

The passage of HB 1203 would significantly shift the legal landscape for agritourism in Texas, offering greater protections to operators of agritourism ventures. By minimizing liability, the bill incentivizes farming businesses to diversify their income through agritourism, which may contribute positively to the state's agricultural economy. However, it does maintain that liability can still be pursued in cases of negligence or faulty conditions, ensuring that participant protection mechanisms remain in place.

Summary

House Bill 1203 introduces a new section in the Civil Practice and Remedies Code that establishes limited liability for entities involved in agritourism activities. This bill aims to protect agritourism operators from legal liability concerning injuries sustained by participants during these activities, provided that certain precautions are taken. It is framed as a measure to encourage agritourism by reducing the legal risks associated with hosting such events. The bill defines key terms related to agritourism, including 'agritourism activity' and 'agritourism entity', clarifying the scope and terms of participation.

Sentiment

The sentiment surrounding HB 1203 appears cautiously optimistic among proponents within the agritourism sector. Advocates believe it will enhance tourism-related profits and stimulate agricultural engagement among the community, positively boosting the local economy. Nonetheless, there are concerns regarding the adequacy of protections for participants, emphasizing the need for balance between fostering business growth and ensuring public safety.

Contention

Despite its intended benefits, the bill has faced scrutiny regarding its implications for participant safety. Critics argue that while promoting agritourism, HB 1203 could lead to weakened accountability for agritourism entities in instances of injury due to negligence. The requirement for written agreements and posted warnings suggests a shift in responsibility to participants, which could be contentious if safety measures are perceived as insufficient.

Companion Bills

TX SB610

Identical Relating to limited liability for an agritourism entity involved in an agritourism activity.

Previously Filed As

TX HB2636

Relating to liability of a recreational vehicle park or campground entity for injuries arising from certain activities.

TX HB3357

Relating to civil liability for obscenity.

TX HB4557

Relating to liability for capturing and storing carbon dioxide.

TX HB2519

Relating to law enforcement misconduct and law enforcement interactions with certain detained or arrested individuals and other members of the public, to public entity liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.

TX HB3605

Relating to certain criminal conduct involving agricultural land, including the justified use of force or deadly force to protect agricultural land from that conduct, and to civil liability arising out of certain justified threats to use force or deadly force; creating a criminal offense.

TX HB4635

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

TX SB1788

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

TX SB1514

Relating to business entities and nonprofit entities.

TX HB3156

Relating to liability of engineers and certain business entities performing construction monitoring and inspection services for the Texas Department of Transportation.

TX HB4279

Relating to business entities and nonprofit entities.

Similar Bills

CA AB2635

California Agritourism Liability Act: agritourism civil liability.

CA SB1479

California Agritourism Promotion Act: agritourism civil liability.

MS SB2264

Agritourism activity; amend provisions pertaining to.

MS HB1295

Agritourism activity; revise definition of and clarify posting of signage for liability purposes.

IL SB0349

AGRITOURISM LIABILITY ACT

NJ A4249

Provides limited civil liability immunity to farmers hosting agritourism activities.

NJ S76

Provides limited civil liability immunity to farmers hosting agritourism activities.

NJ S1933

Provides limited civil liability immunity to farmers hosting agritourism activities.