By Swinford, et al. H.B. No. 280 74R2306 DAK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to limiting the liability of certain persons for equine 1-3 activities. 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 EQUINE ACTIVITIES 1-8 Sec. 87.001. DEFINITIONS. In this chapter: 1-9 (1) "Engages in an equine activity" means riding, 1-10 training, driving, assisting in the medical treatment of, being a 1-11 passenger on, or assisting a participant with an equine animal. 1-12 The term includes management of a show involving equine animals. 1-13 The term does not include being a spectator at an equine activity 1-14 unless the spectator is in an unauthorized area and in immediate 1-15 proximity to the equine activity. 1-16 (2) "Equine animal" means a horse, pony, mule, donkey, 1-17 or hinny. 1-18 (3) "Equine activity" means: 1-19 (A) an equine animal show, fair, competition, 1-20 performance, or parade that involves any breed of equine animal and 1-21 any equine discipline, including dressage, hunter and jumper horse 1-22 shows, grand prix jumping, three-day events, combined training, 1-23 rodeos, driving, pulling, cutting, polo, steeplechasing, English 1-24 and Western performance riding, endurance trail riding and Western 2-1 games, and hunting; 2-2 (B) equine training or teaching activities; 2-3 (C) boarding equine animals; 2-4 (D) riding, inspecting, or evaluating an equine 2-5 animal belonging to another, without regard to whether the owner 2-6 receives monetary consideration or other thing of value for the use 2-7 of the equine animal or permits a prospective purchaser of the 2-8 equine animal to ride, inspect, or evaluate the equine animal; 2-9 (E) informal equine activity, including a ride, 2-10 trip, or hunt that is sponsored by an equine activity sponsor; or 2-11 (F) placing or replacing horseshoes on an equine 2-12 animal. 2-13 (4) "Equine activity sponsor" means: 2-14 (A) a person who sponsors, organizes, or 2-15 provides the facilities for an equine activity, including equine 2-16 facilities for a pony club, 4-H club, hunt club, riding club, or a 2-17 high school or college class, program, or activity, without regard 2-18 to whether the person operates for profit; or 2-19 (B) an operator of, instructor at, or promoter 2-20 for equine facilities, including a stable, clubhouse, pony ride 2-21 string, fair, or arena at which an equine activity is held. 2-22 (5) "Equine professional" means a person engaged for 2-23 compensation: 2-24 (A) to instruct a participant or rent to a 2-25 participant an equine animal for the purpose of riding, driving, or 2-26 being a passenger on the equine animal; or 2-27 (B) to rent equipment or tack to a participant. 3-1 (6) "Participant" means a person who engages in an 3-2 equine activity, without regard to whether the person is an amateur 3-3 or professional or whether the person pays for the activity or 3-4 participates in the activity for free. 3-5 Sec. 87.002. APPLICABILITY OF CHAPTER. This chapter does 3-6 not apply to: 3-7 (1) a products liability action; 3-8 (2) a cause of action arising from trespass; or 3-9 (3) an activity regulated by the Texas Racing 3-10 Commission. 3-11 Sec. 87.003. IMMUNITY FROM SUIT AND LIMITATION ON LIABILITY. 3-12 Except as provided by Section 87.004, any person, including an 3-13 equine activity sponsor or an equine professional, is immune from 3-14 suit and not liable for property damage or damages arising from the 3-15 personal injury or death of a participant if the property damage, 3-16 injury, or death results from the dangers or conditions that are an 3-17 inherent risk of equine activity, including: 3-18 (1) the propensity of an equine animal to behave in 3-19 ways that may result in personal injury or death to a person on or 3-20 around it; 3-21 (2) the unpredictability of an equine animal's 3-22 reaction to a sound, a sudden movement, or an unfamiliar object, 3-23 person, or other animal; 3-24 (3) certain land conditions and hazards, including 3-25 surface and subsurface conditions; 3-26 (4) a collision with another animal or an object; or 3-27 (5) the potential of a participant to act in a 4-1 negligent manner that may contribute to injury to the participant 4-2 or another, including failing to maintain control over the equine 4-3 animal or not acting within the participant's ability. 4-4 Sec. 87.004. EXCEPTIONS TO LIMITATION ON LIABILITY. A 4-5 person, including an equine activity sponsor or an equine 4-6 professional, is not immune from suit and is liable for property 4-7 damage or damages arising from the personal injury or death caused 4-8 by a participant in an equine activity if: 4-9 (1) the injury or death was caused by faulty equipment 4-10 or tack used in the equine activity, the person provided the 4-11 equipment or tack, and the person knew or should have known that 4-12 the equipment or tack was faulty; 4-13 (2) the person provided the equine animal and the 4-14 person did not make a reasonable and prudent effort to determine 4-15 the ability of the participant to engage safely in the equine 4-16 activity and determine the ability of the participant to safely 4-17 manage the equine animal, taking into account the participant's 4-18 representations of ability; 4-19 (3) the injury or death was caused by a dangerous 4-20 latent condition of land for which warning signs were not 4-21 conspicuously posted and the land was owned, leased, or otherwise 4-22 under the control of the person at the time of the injury or death 4-23 and the person knew of the dangerous latent condition; 4-24 (4) the person committed an act or omission with 4-25 wilful or wanton disregard for the safety of the participant and 4-26 that act or omission caused the injury; or 4-27 (5) the person intentionally caused the injury or 5-1 death. 5-2 Sec. 87.005. WARNING NOTICE. (a) An equine professional 5-3 shall post and maintain a sign that contains the warning contained 5-4 in Subsection (c) if the professional manages or controls a stable, 5-5 corral, or arena where the professional conducts an equine 5-6 activity. The professional must post the sign in a clearly visible 5-7 location on or near the stable, corral, or arena. The sign must be 5-8 white with black letters that are at least one inch in height. 5-9 (b) An equine professional shall include the warning 5-10 contained in Subsection (c) in every written contract that the 5-11 professional enters into with a participant for professional 5-12 services, instruction, or the rental of equipment or tack or an 5-13 equine animal. The warning must be included without regard to 5-14 whether the contract involves equine activities on or off the 5-15 location or site of the business of the equine professional. The 5-16 warning must be clearly readable. 5-17 (c) The warning must be as follows: 5-18 WARNING 5-19 UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND 5-20 REMEDIES CODE), AN EQUINE PROFESSIONAL IS NOT LIABLE 5-21 FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN 5-22 EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF 5-23 EQUINE ACTIVITIES. 5-24 SECTION 2. This Act takes effect September 1, 1995, and 5-25 applies only to a cause of action accruing on or after that date. 5-26 A cause of action accruing before the effective date of this Act is 5-27 governed by the law in effect at the time the action accrued, and 6-1 that law is continued in effect for that purpose. 6-2 SECTION 3. The importance of this legislation and the 6-3 crowded condition of the calendars in both houses create an 6-4 emergency and an imperative public necessity that the 6-5 constitutional rule requiring bills to be read on three several 6-6 days in each house be suspended, and this rule is hereby suspended.