BILL ANALYSIS


                                                     C.S.H.B. 280
                                      By: Swinford, et al. (Sims)
                                                Natural Resources
                                                         05-10-95
                            Senate Committee Report (Substituted)
BACKGROUND

Currently, the State of Texas has not implemented an equine
liability statute.  In the past five years, 28 states have passed
equine liability statutes and 14 other states have proposed similar
laws due to an expansion in tort liability, changes in insurance
costs, and the nature of equine activities.

PURPOSE

As proposed, C.S.H.B. 280 provides limitations on liability in
certain circumstances arising from equine activities and requires
a warning sign to be posted.

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 EQUINE ACTIVITIES

     Sec.  87.001.  DEFINITIONS.  Defines "engages in equine
     activity," "equine animal, " "equine activity," "equine
     activity sponsor," " equine professional," and "participant."
     
     Sec.  87.002.  APPLICABILITY OF CHAPTER.  Provides that this
     chapter does not apply to an activity regulated by the Texas
     Racing Commission.
     
     Sec.  87.003.  LIMITATION ON LIABILITY.  Provides that any
     person is not liable for property damage, injury, or death if
     the property damage, injury, or death results from dangers or
     conditions inherent to the risk of equine activity.  Lists
     specific circumstances under which a person is immune from
     liability.
     
     Sec.  87.004.  EXCEPTIONS TO LIMITATION OF LIABILITY. 
     Provides that a person is liable for property damages, injury,
     or death resulting from that person's negligence under
     specific conditions.
     
     Sec.  87.005.  WARNING NOTICE.  (a) Requires an equine
     professional to post a warning sign if the person manages or
     controls a place where equine activities take place.  Sets
     forth required dimensions of the warning sign.
     
     (b) Requires a specific warning to be included in every
       contract relating to equine activities.
       
       (c) Sets forth the required language for the warning sign
       and contracts.
       
       SECTION 2.   Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 3.  Emergency clause.