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.