BILL ANALYSIS


Civil Practices Committee
C.S.H.B. 280
By: Swinford
3-30-95
Committee Report (Substituted)


BACKGROUND

As a result of increased tort liability and insurance costs, equine
activities in the state of Texas have suffered greatly. Twenty-eight states have adopted similar legislation and fourteen others
are considering limiting equine liability. The tourism industry in
Texas has been adversely affected by the expansion of liability as
well as charitable, philanthropic and educational organizations.

PURPOSE

As proposed, H.B. 280 amends Title 4, Civil Practices and Remedies
Code by limiting the personal liability resulting from dangers that
are inherent risk of equine activities.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 4, Civil Practice and Remedies Code, by
adding Chapter 87 as follows:

     CHAPTER 87. LIABILITY FOR ACTIVITY OF EQUINE ANIMAL
     Sec. 87.001. DEFINITION. "Equine animal" means a horse, pony,
mule, donkey or hinny.

     Sec. 87.002. APPLICABILITY OF CHAPTER. This chapter does not
apply to an activity regulated by the Texas Racing Commission.

     Sec. 87.003.  LIMITATION ON LIABILITY. Provides that a person
is not liable for damages arising from the activity of an equine
animal if:

     (1) the activity is inherent in the nature of the equine
     animal, including the propensity of an equine animal to react
     in a way that cannot reasonably be predicted to:

           (A) an unexpected sound or a sudden movement;
           (B) an unfamiliar object, person, or other animal; or
           (C) a collision with another animal or an object; and

     (2) the activity could not reasonably have been prevented by
     the person.

SECTION 2.  Effective date - September 1, 1995. Applies only to a
cause of action accruing on or after the effective date.

SECTION 3.  Emergency Clause.



COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute deletes definitions of "engages in equine activity",
"equine animal", "equine activity", "equine activity sponsor",
"equine professional" and "participant" which were included in the
original. The substitute deletes applicability provisions from the
original regarding products liability action and a cause of action
arising from trespass. The substitute deletes provisions on
immunity from suit, but clarifies a person's limitation on
liability. The original legislation requires specifications for
warning notices, which were not included in the substitute.

SUMMARY OF COMMITTEE ACTION

House Bill 280 was considered by the House Committee on Civil
Practices in a public hearing on February 22, 1995. The following
people testified in support of the bill: Bill Bates, representing
himself and Bill Bates' Cowboy Ranch, Dude Ranch; Clay Conoly,
representing himself as a guest ranch owner; Christi Craddick,
representing the Texas and Southwestern Cattle Raisers Association;
and Durwood Tucker, representing the Texas Farm Bureau. The
following people testified neutrally on the bill: Pete Gibbs,
representing the Texas A&M Agriculture Extension Service and Equine
Science Section. No one testified in opposition to the bill. The
bill was referred to a subcommittee consisting of Representatives
Sadler (Chair), Moffat and Culberson. After being recalled from
subcommittee, the bill was considered by the committee in a public
hearing on March 29, 1995. The committee considered a complete
substitute for the bill. The substitute was adopted without
objection. The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of
seven ayes, zero nays and zero present not voting with two absent.