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.