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.