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.