Bill Text: TX HB1203 | 2015-2016 | 84th Legislature | Comm Sub


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

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2015-04-27 - Comm. report sent to Local & Consent Calendar [HB1203 Detail]

Download: Texas-2015-HB1203-Comm_Sub.html
  84R14672 SCL-D
 
  By: Murr, Sheffield, Cyrier, et al. H.B. No. 1203
 
  Substitute the following for H.B. No. 1203:
 
  By:  Cyrier C.S.H.B. No. 1203
 
 
 
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.
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