74R8023 DAK-D
          By Swinford, Turner of Coleman, Finnell,
               Chisum, Rabuck, et al.                            H.B. No. 280
          Substitute the following for H.B. No. 280:
          By Sadler                                          C.S.H.B. No. 280
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to limiting the liability of certain persons for certain
    1-3  activity of an equine animal.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 4, Civil Practice and Remedies Code, is
    1-6  amended by adding Chapter 87 to read as follows:
    1-7         CHAPTER 87.  LIABILITY FOR ACTIVITY OF EQUINE ANIMAL
    1-8        Sec. 87.001.  DEFINITION.  In this chapter, "equine animal"
    1-9  means a horse, pony, mule, donkey, or hinny.
   1-10        Sec. 87.002.  APPLICABILITY OF CHAPTER.  This chapter does
   1-11  not apply to an activity regulated by the Texas Racing Commission.
   1-12        Sec. 87.003.  LIMITATION ON LIABILITY.  A person is not
   1-13  liable for damages arising from the activity of an equine animal
   1-14  if:
   1-15              (1)  the activity is inherent in the nature of the
   1-16  equine animal, including the propensity of an equine animal to
   1-17  react in a way that cannot reasonably be predicted to:
   1-18                    (A)  an unexpected sound or a sudden movement;
   1-19                    (B)  an unfamiliar object, person, or other
   1-20  animal; or
   1-21                    (C)  a collision with another animal or an
   1-22  object; and
   1-23              (2)  the activity could not reasonably have been
   1-24  prevented by the person.
    2-1        SECTION 2.  This Act takes effect September 1, 1995, and
    2-2  applies only to a cause of action accruing on or after that date.
    2-3  A cause of action accruing before the effective date of this Act is
    2-4  governed by the law in effect at the time the action accrued, and
    2-5  that law is continued in effect for that purpose.
    2-6        SECTION 3.  The importance of this legislation and the
    2-7  crowded condition of the calendars in both houses create an
    2-8  emergency and an imperative public necessity that the
    2-9  constitutional rule requiring bills to be read on three several
   2-10  days in each house be suspended, and this rule is hereby suspended.