84R14672 SCL-D
By: Perry S.B. No. 610
(Murr)
Substitute the following for S.B. No. 610: No.
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
participants, without regard to compensation.
(3) "Agritourism entity" means a person engaged in the
business of providing an agritourism activity, without regard to
compensation, including a person who displays exotic animals to the
public on agricultural land.
(4) "Agritourism participant" means an individual,
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) at the time of the agritourism activity from which
the injury arises, the warning prescribed by Section 75A.003 was
posted in accordance with that section; or
(2) the agritourism entity obtained in accordance with
Section 75A.004 a written agreement and warning statement from the
agritourism participant with respect to the agritourism activity
from which the injury arises.
(b) This section does not limit liability for an injury:
(1) proximately caused by:
(A) the agritourism entity's negligence
evidencing a disregard for the safety of the agritourism
participant;
(B) one of the following dangers, of which the
agritourism entity had actual knowledge or reasonably should have
known:
(i) a dangerous condition on the land,
facilities, or equipment used in the activity; or
(ii) the dangerous propensity, that is not
disclosed to the agritourism participant, of a particular animal
used in the activity; or
(C) the agritourism entity's failure to train or
improper training of an employee of the agritourism entity actively
involved in an agritourism activity; or
(2) intentionally caused by the agritourism entity.
(c) A limitation on liability provided by this section to an
agritourism entity is in addition to other limitations of
liability.
Sec. 75A.003. POSTED WARNING. For the purposes of
limitation of liability under Section 75A.002(a)(1), an
agritourism entity must 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 TO OR
DEATH OF AN AGRITOURISM PARTICIPANT
RESULTING FROM AN AGRITOURISM ACTIVITY.
Sec. 75A.004. SIGNED AGREEMENT AND WARNING. For the
purposes of limitation of liability under Section 75A.002(a)(2), a
written agreement and warning statement is considered effective and
enforceable if it:
(1) is signed before the agritourism participant
participates in an agritourism activity;
(2) is signed by the agritourism participant or, if
the agritourism participant is a minor, the agritourism
participant's parent, managing conservator, or guardian;
(3) is 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) is 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, 2015.