Texas 2015 - 84th Regular

Texas Senate Bill SB610 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R14672 SCL-D
2		-	By: Perry S.B. No. 610
3		-	(Murr)
4		-	Substitute the following for S.B. No. 610: No.
	1	+	S.B. No. 610
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to limited liability for an agritourism entity involved in
10	6		an agritourism activity.
11	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	8		SECTION 1. Title 4, Civil Practice and Remedies Code, is
13	9		amended by adding Chapter 75A to read as follows:
14	10		CHAPTER 75A. LIMITED LIABILITY FOR AGRITOURISM ACTIVITIES
15	11		Sec. 75A.001. DEFINITIONS. In this chapter:
16	12		(1) "Agricultural land" means land that is located in
17	13		this state and that is suitable for:
18	14		(A) use in production of plants and fruits grown
19	15		for human or animal consumption, or plants grown for the production
20	16		of fibers, floriculture, viticulture, horticulture, or planting
21	17		seed; or
22	18		(B) domestic or native farm or ranch animals kept
23	19		for use or profit.
24	20		(2) "Agritourism activity" means an activity on
25	21		agricultural land for recreational or educational purposes of
26	22		participants, without regard to compensation.
27	23		(3) "Agritourism entity" means a person engaged in the
28	24		business of providing an agritourism activity, without regard to
29	25		compensation, including a person who displays exotic animals to the
30	26		public on agricultural land.
31	27		(4) "Agritourism participant" means an individual,
32	28		other than an employee of an agritourism entity, who engages in an
33	29		agritourism activity.
34	30		(5) "Agritourism participant injury" means an injury
35	31		sustained by an agritourism participant, including bodily injury,
36	32		emotional distress, death, property damage, or any other loss
37	33		arising from the person's participation in an agritourism activity.
38	34		(6) "Premises" has the meaning assigned by Section
39	35		75.001.
40	36		(7) "Recreation" has the meaning assigned by Section
41	37		75.001.
42		-	Sec. 75A.002. LIMITED LIABILITY. (a) Except as provided by
43		-	Subsection (b), an agritourism entity is not liable to any person
	38	+	Sec. 75A.002. LIMITED LIABILITY. (a) Except as provided
	39	+	by Subsection (b), an agritourism entity is not liable to any person
44	40		for an agritourism participant injury or damages arising out of the
45	41		agritourism participant injury if:
46	42		(1) at the time of the agritourism activity from which
47	43		the injury arises, the warning prescribed by Section 75A.003 was
48	44		posted in accordance with that section; or
49	45		(2) the agritourism entity obtained in accordance with
50	46		Section 75A.004 a written agreement and warning statement from the
51	47		agritourism participant with respect to the agritourism activity
52	48		from which the injury arises.
53	49		(b) This section does not limit liability for an injury:
54	50		(1) proximately caused by:
55	51		(A) the agritourism entity's negligence
56	52		evidencing a disregard for the safety of the agritourism
57	53		participant;
58	54		(B) one of the following dangers, of which the
59	55		agritourism entity had actual knowledge or reasonably should have
60	56		known:
61	57		(i) a dangerous condition on the land,
62	58		facilities, or equipment used in the activity; or
63	59		(ii) the dangerous propensity, that is not
64	60		disclosed to the agritourism participant, of a particular animal
65	61		used in the activity; or
66	62		(C) the agritourism entity's failure to train or
67	63		improper training of an employee of the agritourism entity actively
68	64		involved in an agritourism activity; or
69	65		(2) intentionally caused by the agritourism entity.
70	66		(c) A limitation on liability provided by this section to an
71	67		agritourism entity is in addition to other limitations of
72	68		liability.
73	69		Sec. 75A.003. POSTED WARNING. For the purposes of
74	70		limitation of liability under Section 75A.002(a)(1), an
75	71		agritourism entity must post and maintain a sign in a clearly
76	72		visible location on or near any premises on which an agritourism
77	73		activity is conducted. The sign must contain the following
78	74		language:
79	75		WARNING
80	76		UNDER TEXAS LAW (CHAPTER 75A, CIVIL
81	77		PRACTICE AND REMEDIES CODE), AN AGRITOURISM
82	78		ENTITY IS NOT LIABLE FOR ANY INJURY TO OR
83	79		DEATH OF AN AGRITOURISM PARTICIPANT
84	80		RESULTING FROM AN AGRITOURISM ACTIVITY.
85	81		Sec. 75A.004. SIGNED AGREEMENT AND WARNING. For the
86	82		purposes of limitation of liability under Section 75A.002(a)(2), a
87	83		written agreement and warning statement is considered effective and
88	84		enforceable if it:
89	85		(1) is signed before the agritourism participant
90	86		participates in an agritourism activity;
91	87		(2) is signed by the agritourism participant or, if
92	88		the agritourism participant is a minor, the agritourism
93	89		participant's parent, managing conservator, or guardian;
94	90		(3) is in a document separate from any other agreement
95	91		between the agritourism participant and the agritourism entity
96	92		other than a different warning, consent, or assumption of risk
97	93		statement;
98	94		(4) is printed in not less than 10-point bold type; and
99	95		(5) contains the following language:
100	96		AGREEMENT AND WARNING
101	97		I UNDERSTAND AND ACKNOWLEDGE THAT AN
102	98		AGRITOURISM ENTITY IS NOT LIABLE FOR ANY
103	99		INJURY TO OR DEATH OF AN AGRITOURISM
104	100		PARTICIPANT RESULTING FROM AGRITOURISM
105	101		ACTIVITIES. I UNDERSTAND THAT I HAVE
106	102		ACCEPTED ALL RISK OF INJURY, DEATH,
107	103		PROPERTY DAMAGE, AND OTHER LOSS THAT MAY
108	104		RESULT FROM AGRITOURISM ACTIVITIES.
109	105		SECTION 2. The change in law made by this Act applies only
110	106		to a cause of action that accrues on or after the effective date of
111	107		this Act. A cause of action that accrues before the effective date
112	108		of this Act is governed by the law in effect immediately before the
113	109		effective date of this Act, and that law is continued in effect for
114	110		that purpose.
115	111		SECTION 3. This Act takes effect immediately if it receives
116	112		a vote of two-thirds of all the members elected to each house, as
117	113		provided by Section 39, Article III, Texas Constitution. If this
118	114		Act does not receive the vote necessary for immediate effect, this
119	115		Act takes effect September 1, 2015.
	116	+	______________________________ ______________________________
	117	+	President of the Senate Speaker of the House
	118	+	I hereby certify that S.B. No. 610 passed the Senate on
	119	+	March 19, 2015, by the following vote: Yeas 31, Nays 0; and that
	120	+	the Senate concurred in House amendment on May 28, 2015, by the
	121	+	following vote: Yeas 31, Nays 0.
	122	+	______________________________
	123	+	Secretary of the Senate
	124	+	I hereby certify that S.B. No. 610 passed the House, with
	125	+	amendment, on May 22, 2015, by the following vote: Yeas 140,
	126	+	Nays 0, two present not voting.
	127	+	______________________________
	128	+	Chief Clerk of the House
	129	+	Approved:
	130	+	______________________________
	131	+	Date
	132	+	______________________________
	133	+	Governor