Bill Text: TX HB365 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to liability arising from farm animals.
Spectrum: Moderate Partisan Bill (Republican 12-2)
Status: (Passed) 2021-06-04 - Effective on 9/1/21 [HB365 Detail]
Download: Texas-2021-HB365-Introduced.html
Bill Title: Relating to liability arising from farm animals.
Spectrum: Moderate Partisan Bill (Republican 12-2)
Status: (Passed) 2021-06-04 - Effective on 9/1/21 [HB365 Detail]
Download: Texas-2021-HB365-Introduced.html
By: Murr | H.B. No. 365 |
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relating to the limitation of liability for farm animal activities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 87, Liability Arising From Farm Animals, | ||
Civil Practice and Remedies Code, is amended to read as follows: | ||
(1) "Engages in a farm animal activity" means riding, | ||
handling, training, driving, loading, unloading, feeding, | ||
vaccinating, exercising, weaning, transporting, producing, | ||
herding, corralling, branding, dehorning, health management | ||
activities, assisting in the medical treatment of, being a | ||
passenger on, or assisting a participant or sponsor with a farm | ||
animal. The term includes management of a show involving farm | ||
animals as well as routine or customary activities on a farm to | ||
handle and manage farm animals. The term does not include being a | ||
spectator at a farm animal activity unless the spectator is in an | ||
unauthorized area and in immediate proximity to the farm animal | ||
activity. | ||
(2) "Equine animal" means a horse, pony, mule, donkey, | ||
or hinny. | ||
(2-a) "Farm" means: any real estate, land area, | ||
facility, or ranch used in whole or in part for raising, | ||
cultivating, propagating, fattening, grazing, or any other | ||
farming, livestock, agriculture, or aquacultural operation. For | ||
purposes of this Chapter, "farm" and "ranch" shall be | ||
interchangeable and the act shall apply to either or both. | ||
(2-b) "Farm animal" means: | ||
(A) an equine animal; | ||
(B) a bovine animal; | ||
(C) a sheep or goat; | ||
(D) a pig or hog; | ||
(E) a ratite, including an ostrich, rhea, or emu; | ||
or | ||
(F) a chicken or other fowl. | ||
(3) "Farm animal activity" means: | ||
(A) a farm animal show, fair, competition, | ||
performance, rodeo, event, or parade that involves any farm animal; | ||
(B) training or teaching activities involving a | ||
farm animal; | ||
(C) owning, raising, boarding, pasturing a farm | ||
animal, including daily care; | ||
(D) riding, inspecting, evaluating, handling, | ||
transporting, loading, or unloading a farm animal belonging to | ||
another, without regard to whether the owner receives monetary | ||
consideration or other thing of value for the use of the farm animal | ||
or permits a prospective purchaser of the farm animal to ride, | ||
inspect, evaluate, handle, load, or unload the farm animal; | ||
(E) informal farm animal activity, including a | ||
ride, trip, or hunt that is sponsored by a farm animal activity | ||
sponsor; | ||
(F) placing or replacing horseshoes on an equine | ||
animal; | ||
(G) examining or administering medical treatment | ||
to a farm animal by a veterinarian n; | ||
(H) assisting or providing animal health | ||
management activities, including vaccination; | ||
(I) assisting or conducting customary tasks on a | ||
farm concerning farm animals; | ||
(J) transporting or moving a farm animal; or | ||
(K) without regard to whether the participants | ||
are compensated, rodeos and single event competitions, including | ||
team roping, calf roping, and single steer roping. | ||
4) "Farm animal activity sponsor" means: | ||
(A) a person or group who sponsors, owns, | ||
organizes, or provides the facilities for a farm animal activity, | ||
including facilities for a pony club, 4-H club, hunt club, riding | ||
club, therapeutic riding program, or high school or college class, | ||
program, or activity, without regard to whether the person operates | ||
for profit; or | ||
(B) an owner, operator of, instructor at, or | ||
promoter for facilities, including a stable, clubhouse, pony ride | ||
string, fair, or arena at which a farm animal activity is held. | ||
(C) an owner of a farm. | ||
(5) "Farm animal professional" means a person engaged | ||
for compensation: | ||
(A) to instruct a participant or rent to a | ||
participant a farm animal for the purpose of riding, driving, or | ||
being a passenger on the farm animal; | ||
(B) to rent equipment or tack to a participant; | ||
(C) to examine or administer medical treatment to | ||
a farm animal as a veterinarian or other person providing | ||
non-medical care or treatment including vaccination; | ||
(D) to assist or provide animal health management | ||
activities, including vaccination | ||
(E) to provide other care, feeding, and husbandry | ||
of farm animals; | ||
(F) assisting or conducting customary tasks on a | ||
farm concerning farm animals; or | ||
(G) transporting or moving a farm animal. | ||
(6) "Livestock animal" means: | ||
(A) an animal raised for human consumption; or | ||
(B) a farm animal. | ||
(6-a) "Livestock producer" means a person who owns, | ||
handles, breeds, raises, buys, sells, or feeds livestock animals. | ||
(7) "Livestock show" means a nonprofit event at which | ||
more than two species or breeds of livestock animals are gathered | ||
for exhibition or competition. | ||
(8) "Livestock show sponsor" means a recognized group | ||
or association that organizes and sanctions a livestock show, | ||
including a political subdivision or nonprofit organization that is | ||
exempt from federal income tax under Section 501(a), Internal | ||
Revenue Code of 1986, as amended, by being listed as an exempt | ||
organization in Section 501(c)(3) of that code. | ||
(9) "Participant" means: | ||
(A) with respect to a farm animal activity, a | ||
person who engages in the activity, without regard to whether the | ||
person is an amateur or professional, whether the person pays for | ||
the activity or participates in the activity for free or is an | ||
independent contractor or employee; | ||
B) with respect to a livestock show, a person who | ||
registers for and is allowed by a livestock show sponsor to compete | ||
in a livestock show by showing an animal on a competitive basis, or | ||
a person who assists that person. | ||
Sec. 87.002. APPLICABILITY OF CHAPTER. This chapter does | ||
not apply to an activity regulated by the Texas Racing Commission. | ||
Nothing in this chapter alters the applicability of the provisions | ||
of Chapter 406 of the Texas Labor Code or an employer's ability to | ||
refuse to subscribe to the worker's compensation system. | ||
Sec. 87.003. LIMITATION ON LIABILITY. Except as provided | ||
by Section 87.004, all persons, including a farm animal activity | ||
sponsor, farm animal professional, farm owner or lessee livestock | ||
producer, livestock show participant, or livestock show sponsor, is | ||
not liable for property damage or damages arising from the personal | ||
injury or death of a participant in a farm animal activity or | ||
livestock show if the property damage, injury, or death results | ||
from the dangers or conditions that are an inherent risk of farm | ||
animals, a farm animal activity, showing of an animal on a | ||
competitive basis in a livestock show, or raising or handling | ||
livestock on a farm, including: | ||
(1) the propensity of a farm animal or livestock | ||
animal to behave in ways that may result in personal injury or death | ||
to a person on, handling, or around it; | ||
(2) the unpredictability of a farm animal's or | ||
livestock animal's reaction to sound, a sudden movement, or an | ||
unfamiliar object, person, or other animal; | ||
(3) with respect to farm animal activities involving | ||
equine animals, certain land conditions and hazards, including | ||
surface and subsurface conditions; | ||
(4) a collision with another animal or an object; or | ||
(5) the potential of a participant to act in a | ||
negligent manner that may contribute to injury to the participant | ||
or another, including failing to maintain control over a farm | ||
animal or livestock animal or not acting within the participant's | ||
ability. | ||
Sec. 87.004. EXCEPTIONS TO LIMITATION ON LIABILITY. A | ||
person, including a farm animal activity sponsor, farm owner or | ||
lessee, farm animal professional, livestock show participant, or | ||
livestock show sponsor, may be liable for property damage or | ||
damages arising from the personal injury or death caused by a | ||
participant in a farm animal activity or livestock show if: | ||
(1) the injury or death was caused by faulty equipment | ||
or tack used in the farm animal activity or livestock show, the | ||
person provided the equipment or tack, and the person knew or should | ||
have known that the equipment or tack was faulty; | ||
(2) the person provided the farm animal or livestock | ||
animal and the person did not make a reasonable and prudent effort | ||
to determine the ability of the participant to engage safely in the | ||
farm animal activity, work, or livestock show and determine the | ||
ability of the participant to safely manage the farm animal or | ||
livestock animal, taking into account the participant's | ||
representations of ability; | ||
(3) the injury or death was caused by a dangerous | ||
latent condition of land for which warning signs, written notices, | ||
or verbal warnings were not conspicuously posted or provided to the | ||
participant, and the land was owned, leased, or otherwise under the | ||
control of the person at the time of the injury or death and the | ||
person knew of the dangerous latent condition; | ||
(4) the person committed an act or omission with | ||
willful or wanton disregard for the safety of the participant and | ||
that act or omission caused the injury; | ||
(5) the person intentionally caused the property | ||
damage, injury, or death; or | ||
(6) with respect to a livestock show, the injury or | ||
death occurred as a result of an activity connected with the | ||
livestock show and the person invited or otherwise allowed the | ||
injured or deceased person to participate in the activity and the | ||
injured or deceased person was not a participant as defined by | ||
Section 87.001(9)(B). | ||
Sec. 87.005. WARNING NOTICE. (a) A farm animal | ||
professional, a farm owner or lessee, shall post and maintain a sign | ||
that contains the warning contained in Subsection (c) if the | ||
professional manages or controls a farm, stable, corral, or arena | ||
where the professional conducts a farm animal activity. The | ||
professional must post the sign in a clearly visible location on or | ||
near the stable, corral, or arena. | ||
(b) A farm animal professional shall include the warning | ||
contained in Subsection (c) in every written contract that the | ||
professional enters into with a participant, employee or | ||
independent contractor for professional services, instruction, or | ||
the rental of equipment or tack or a farm animal. The warning must | ||
be included without regard to whether the contract involves farm | ||
animal activities on or off the location or site of the business of | ||
the farm animal professional. The warning must be clearly | ||
readable. | ||
(c) The warning posted by a farm animal professional under | ||
this section must be as follows: | ||
WARNING | ||
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES | ||
CODE), A FARM ANIMAL PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR | ||
THE DEATH OF A PARTICIPANT, INDEPENDENT CONTRACTOR OR EMPLOYEE IN | ||
FARM ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF FARM | ||
ANIMAL ACTIVITIES. | ||
(d) A livestock show sponsor shall post and maintain a sign | ||
that contains the warning prescribed by Subsection (f) if the | ||
livestock show sponsor manages or controls a stable, barn, corral, | ||
or arena at which the livestock show sponsor conducts a livestock | ||
show. The livestock show sponsor must post the sign in a clearly | ||
visible location near the stable, barn, corral, or arena. | ||
(e) A livestock show sponsor shall include the warning | ||
prescribed by Subsection (f) in every written contract that the | ||
sponsor enters into with a livestock show participant. The warning | ||
must be clearly readable. | ||
(f) The warning posted by a livestock show sponsor under | ||
this section must be as follows: | ||
WARNING | ||
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES | ||
CODE), A LIVESTOCK SHOW SPONSOR IS NOT LIABLE FOR AN INJURY TO OR | ||
THE DEATH OF A PARTICIPANT IN A LIVESTOCK SHOW RESULTING FROM THE | ||
INHERENT RISKS OF LIVESTOCK SHOW ACTIVITIES. | ||
SECTION 3. This Act takes effect September 1, 2021. |