Texas 2021 - 87th Regular

Texas House Bill HB365 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 365
	1	+	By: Murr, et al. (Senate Sponsor - Springer) H.B. No. 365
	2	+	(In the Senate - Received from the House April 6, 2021;
	3	+	April 12, 2021, read first time and referred to Committee on State
	4	+	Affairs; May 14, 2021, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 14, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to liability arising from farm animals.
6	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	13		SECTION 1. The heading to Chapter 87, Civil Practice and
8	14		Remedies Code, is amended to read as follows:
9	15		CHAPTER 87. LIABILITY ARISING FROM FARM ANIMALS [ANIMAL ACTIVITIES
10	16		OR LIVESTOCK SHOWS]
11	17		SECTION 2. Section 87.001, Civil Practice and Remedies
12	18		Code, is amended by amending Subdivisions (1), (2-a), (3), (4),
13	19		(5), (6-a), and (9) and adding Subdivision (2-b) to read as follows:
14	20		(1) "Engages in a farm animal activity" means riding,
15	21		handling, training, driving, loading, unloading, feeding,
16	22		vaccinating, exercising, weaning, transporting, producing,
17	23		herding, corralling, branding, or dehorning of, assisting in or
18	24		providing health management activities for, assisting in the
19	25		medical treatment of, being a passenger on, or assisting a
20	26		participant or sponsor with a farm animal. The term includes
21	27		management of a show involving farm animals and engagement in
22	28		routine or customary activities on a farm to handle and manage farm
23	29		animals. The term does not include being a spectator at a farm
24	30		animal activity unless the spectator is in an unauthorized area and
25	31		in immediate proximity to the farm animal activity.
26	32		(2-a) "Farm" means any real estate, land area,
27	33		facility, or ranch used wholly or partly for raising, cultivating,
28	34		propagating, fattening, grazing, or any other farming, livestock,
29	35		agricultural, apicultural, or aquacultural operation.
30	36		(2-b) "Farm animal" means:
31	37		(A) an equine animal;
32	38		(B) a bovine animal;
33	39		(C) a sheep or goat;
34	40		(D) a pig or hog;
35	41		(E) a ratite, including an ostrich, rhea, or emu;
36	42		[or]
37	43		(F) a chicken or other fowl; or
38	44		(G) a honeybee kept in a managed colony.
39	45		(3) "Farm animal activity" means:
40	46		(A) a farm animal show, fair, competition,
41	47		performance, rodeo, event, or parade that involves any farm animal;
42	48		(B) training or teaching activities involving a
43	49		farm animal;
44	50		(C) owning, raising, boarding, or pasturing a
45	51		farm animal, including daily care;
46	52		(D) riding, inspecting, evaluating, handling,
47	53		transporting, loading, or unloading a farm animal belonging to
48	54		another, without regard to whether the owner receives monetary
49	55		consideration or other thing of value for the use of the farm animal
50	56		or permits a prospective purchaser of the farm animal to ride,
51	57		inspect, evaluate, handle, load, or unload the farm animal;
52	58		(E) informal farm animal activity, including a
53	59		ride, trip, or hunt that is sponsored by a farm animal activity
54	60		sponsor or a farm owner or lessee;
55	61		(F) placing or replacing horseshoes on an equine
56	62		animal;
57	63		(G) examining or administering medical treatment
58	64		to a farm animal by a veterinarian; [or]
59	65		(H) assisting in or providing animal health
60	66		management activities, including vaccination;
61	67		(I) assisting in or conducting customary tasks on
62	68		a farm concerning farm animals;
63	69		(J) transporting or moving a farm animal; or
64	70		(K) without regard to whether the participants
65	71		are compensated, rodeos and single event competitions, including
66	72		team roping, calf roping, and single steer roping.
67	73		(4) "Farm animal activity sponsor" means:
68	74		(A) a person or group who sponsors, owns,
69	75		organizes, or provides the facilities for a farm animal activity,
70	76		including facilities for a pony club, 4-H club, hunt club, riding
71	77		club, therapeutic riding program, or high school or college class,
72	78		program, or activity, without regard to whether the person operates
73	79		for profit; or
74	80		(B) an owner or operator of, instructor at, or
75	81		promoter for facilities, including a stable, clubhouse, pony ride
76	82		string, fair, or arena at which a farm animal activity is held.
77	83		(5) "Farm animal professional" means a person engaged
78	84		for compensation:
79	85		(A) to instruct a participant or rent to a
80	86		participant a farm animal for the purpose of riding, driving, or
81	87		being a passenger on the farm animal;
82	88		(B) to rent equipment or tack to a participant;
83	89		(C) to examine or administer medical treatment to
84	90		a farm animal as a veterinarian or to provide nonmedical care or
85	91		treatment to a farm animal, including vaccination; [or]
86	92		(D) to provide veterinarian or farrier services;
87	93		(E) to assist in or provide animal health
88	94		management activities, including vaccination;
89	95		(F) to provide other care, feeding, and husbandry
90	96		of farm animals;
91	97		(G) to assist in or conduct customary tasks on a
92	98		farm concerning farm animals; or
93	99		(H) to transport or move a farm animal.
94	100		(6-a) "Livestock producer" means a person who owns,
95	101		handles, breeds, raises, buys, sells, or feeds livestock animals.
96	102		(9) "Participant" means:
97	103		(A) with respect to a farm animal activity, a
98	104		person who engages in the activity, without regard to whether the
99	105		person:
100	106		(i) is an amateur or professional;
101	107		(ii) [or whether the person] pays for the
102	108		activity or participates in the activity for free; or
103	109		(iii) is an independent contractor or
104	110		employee; and
105	111		(B) with respect to a livestock show, a person
106	112		who registers for and is allowed by a livestock show sponsor to
107	113		compete in a livestock show by showing an animal on a competitive
108	114		basis, or a person who assists that person.
109	115		SECTION 3. Chapter 87, Civil Practice and Remedies Code, is
110	116		amended by adding Section 87.0021 to read as follows:
111	117		Sec. 87.0021. CERTAIN LABOR LAWS NOT AFFECTED. Nothing in
112	118		this chapter affects the applicability of Chapter 406, Labor Code,
113	119		or an employer's ability to refuse to subscribe to the workers'
114	120		compensation system.
115	121		SECTION 4. Sections 87.003 and 87.004, Civil Practice and
116	122		Remedies Code, are amended to read as follows:
117	123		Sec. 87.003. LIMITATION ON LIABILITY. Except as provided
118	124		by Section 87.004, all persons [any person], including a farm
119	125		animal activity sponsor, farm animal professional, farm owner or
120	126		lessee, livestock producer, livestock show participant, or
121	127		livestock show sponsor, are [is] not liable for property damage or
122	128		damages arising from the personal injury or death of a participant
123	129		in a farm animal activity or livestock show if the property damage,
124	130		injury, or death results from the dangers or conditions that are an
125	131		inherent risk of a farm animal, a farm animal activity, [or] the
126	132		showing of an animal on a competitive basis in a livestock show, or
127	133		the raising or handling of livestock on a farm, including:
128	134		(1) the propensity of a farm animal or livestock
129	135		animal to behave in ways that may result in personal injury or death
130	136		to a person on the animal, handling the animal, or otherwise around
131	137		the animal [it];
132	138		(2) the unpredictability of a farm animal's or
133	139		livestock animal's reaction to sound, a sudden movement, or an
134	140		unfamiliar object, person, or other animal;
135	141		(3) with respect to farm animal activities involving
136	142		equine animals, certain land conditions and hazards, including
137	143		surface and subsurface conditions;
138	144		(4) a collision with another animal or an object; or
139	145		(5) the potential of a participant to act in a
140	146		negligent manner that may contribute to injury to the participant
141	147		or another, including failing to maintain control over a farm
142	148		animal or livestock animal or not acting within the participant's
143	149		ability.
144	150		Sec. 87.004. EXCEPTIONS TO LIMITATION ON LIABILITY. A
145	151		person, including a farm animal activity sponsor, farm animal
146	152		professional, farm owner or lessee, livestock show participant, or
147	153		livestock show sponsor, may be [is] liable for property damage or
148	154		damages arising from the personal injury or death caused by a
149	155		participant in a farm animal activity or livestock show if:
150	156		(1) the injury or death was caused by faulty equipment
151	157		or tack used in the farm animal activity or livestock show, the
152	158		person provided the equipment or tack, and the person knew or should
153	159		have known that the equipment or tack was faulty;
154	160		(2) the person provided the farm animal or livestock
155	161		animal and the person did not make a reasonable and prudent effort
156	162		to determine the ability of the participant to engage safely in the
157	163		farm animal activity, including a work activity, or livestock show
158	164		and determine the ability of the participant to safely manage the
159	165		farm animal or livestock animal, taking into account the
160	166		participant's representations of ability;
161	167		(3) the injury or death was caused by a dangerous
162	168		latent condition of land for which warning signs, written notices,
163	169		or verbal warnings were not conspicuously posted or provided to the
164	170		participant, and the land was owned, leased, or otherwise under the
165	171		control of the person at the time of the injury or death and the
166	172		person knew of the dangerous latent condition;
167	173		(4) the person committed an act or omission with
168	174		wilful or wanton disregard for the safety of the participant and
169	175		that act or omission caused the injury;
170	176		(5) the person intentionally caused the property
171	177		damage, injury, or death; or
172	178		(6) with respect to a livestock show, the injury or
173	179		death occurred as a result of an activity connected with the
174	180		livestock show and the person invited or otherwise allowed the
175	181		injured or deceased person to participate in the activity and the
176	182		injured or deceased person was not a participant as defined by
177	183		Section 87.001(9)(B).
178	184		SECTION 5. Sections 87.005(a), (b), and (c), Civil Practice
179	185		and Remedies Code, are amended to read as follows:
180	186		(a) A farm animal professional or a farm owner or lessee
181	187		shall post and maintain a sign that contains the warning contained
182	188		in Subsection (c) if the professional, owner, or lessee manages or
183	189		controls a farm, stable, corral, or arena where the professional,
184	190		owner, or lessee conducts a farm animal activity. The professional,
185	191		owner, or lessee must post the sign in a clearly visible location on
186	192		or near the stable, corral, or arena.
187	193		(b) A farm animal professional or a farm owner or lessee
188	194		shall include the warning contained in Subsection (c) in every
189	195		written contract that the professional, owner, or lessee enters
190	196		into with a participant, including an employee or independent
191	197		contractor, for professional services, instruction, or the rental
192	198		of equipment or tack or a farm animal. The warning must be included
193	199		without regard to whether the contract involves farm animal
194	200		activities on or off the location or site of the business of the
195	201		farm animal professional or farm owner or lessee. The warning must
196	202		be clearly readable.
197	203		(c) The warning posted by a farm animal professional or a
198	204		farm owner or lessee under this section must be as follows:
199	205		WARNING
200	206		UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A
201	207		FARM ANIMAL PROFESSIONAL OR FARM OWNER OR LESSEE IS NOT LIABLE FOR
202	208		AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL
203	209		ACTIVITIES, INCLUDING AN EMPLOYEE OR INDEPENDENT CONTRACTOR,
204	210		RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.
205	211		SECTION 6. The change in law made by this Act applies only
206	212		to a cause of action that accrues on or after the effective date of
207	213		this Act. A cause of action that accrued before the effective date
208	214		of this Act is governed by the law as it existed immediately before
209	215		the effective date of this Act, and that law is continued in effect
210	216		for that purpose.
211	217		SECTION 7. This Act takes effect September 1, 2021.
212		-	______________________________ ______________________________
213		-	President of the Senate Speaker of the House
214		-	I certify that H.B. No. 365 was passed by the House on April
215		-	1, 2021, by the following vote: Yeas 147, Nays 0, 1 present, not
216		-	voting.
217		-	______________________________
218		-	Chief Clerk of the House
219		-	I certify that H.B. No. 365 was passed by the Senate on May
220		-	19, 2021, by the following vote: Yeas 31, Nays 0.
221		-	______________________________
222		-	Secretary of the Senate
223		-	APPROVED: _____________________
224		-	Date
225		-	_____________________
226		-	Governor
	218	+	* * * * *