By Hirschi                                       H.B. No. 560

      75R2888 MLS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to limiting the liability of certain persons for bovine

 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 90 to read as follows:

 1-7                CHAPTER 90.  LIABILITY FOR BOVINE ACTIVITIES 

 1-8           Sec. 90.001.  DEFINITIONS.  In this chapter:

 1-9                 (1)  "Bovine activity" means:

1-10                       (A)  a bovine animal show, fair, competition,

1-11     performance, or parade that involves any breed of bovine animal and

1-12     any bovine discipline, including rodeos, buckouts, jackpots, and

1-13     riding for practice;

1-14                       (B)  a bull riding school;

1-15                       (C)  boarding bovine animals;

1-16                       (D)  riding, inspecting, or evaluating a bovine

1-17     animal belonging to another, without regard to whether the owner

1-18     receives monetary consideration or other thing of value for the use

1-19     of the bovine animal or permits a prospective purchaser of the

1-20     bovine animal to ride, inspect, or evaluate the bovine animal; or

1-21                       (E)  rodeos and single event competitions,

1-22     including team roping, steer wrestling, calf roping, single steer

1-23     roping, buckouts, jackpots, and riding for practice, without regard

1-24     to whether the participant is compensated.

 2-1                 (2)  "Bovine activity sponsor" means:

 2-2                       (A)  a person or group that sponsors, promotes,

 2-3     organizes, or provides the facilities for a bovine activity,

 2-4     including bovine facilities for a 4-H club, junior or adult

 2-5     livestock show, county or state livestock show or fair, or high

 2-6     school or college class, program, or activity, without regard to

 2-7     whether the person operates for profit; or

 2-8                       (B)  a person or group that operates or instructs

 2-9     at a facility used for a bovine activity, including a livestock

2-10     show, fair, or arena.

2-11                 (3)  "Bovine animal" means a bull, cow, steer, or calf.

2-12                 (4)  "Bovine owner" means a person who owns a bovine

2-13     animal and:

2-14                       (A)  uses the bovine animal for practice riding,

2-15     riding school, competitive riding, or riding to inspect or evaluate

2-16     the bovine animal; or

2-17                       (B)  rents or loans a bovine animal to a rodeo

2-18     producer or stock contractor for the purpose of competitive riding.

2-19                 (5)  "Engages in a bovine activity" means riding,

2-20     handling, training, hauling, assisting in the medical treatment of,

2-21     or assisting a participant or sponsor with a bovine animal.  The

2-22     term includes management of a show involving bovine animals.  The

2-23     term does not include being a spectator at a bovine activity unless

2-24     the spectator is in an unauthorized area and in immediate proximity

2-25     to the bovine activity.

2-26                 (6)  "Participant" means a person who engages in a

2-27     bovine activity, without regard to whether the person is an amateur

 3-1     or professional or whether the person pays an entry fee for the

 3-2     activity or participates in the activity for free.

 3-3           Sec. 90.002.  LIMITATION ON LIABILITY.  Except as provided by

 3-4     Section 90.003, any person, including a bovine activity sponsor or

 3-5     a bovine owner, is immune from suit and not liable for property

 3-6     damage or damages arising from the personal injury or death of a

 3-7     participant if the property damage, injury, or death results from

 3-8     the dangers or conditions that are an inherent risk of bovine

 3-9     activity, including:

3-10                 (1)  the propensity of a bovine animal to behave in

3-11     ways that may result in personal injury or death to a person;

3-12                 (2)  the unpredictability of a bovine animal's reaction

3-13     to a sound, a sudden movement, or an unfamiliar object, person, or

3-14     other animal;

3-15                 (3)  certain land conditions and hazards;

3-16                 (4)  a collision with another animal or an object; or

3-17                 (5)  the potential of a participant to act in a

3-18     negligent manner that may injure the participant or another person,

3-19     including the failure to act within the participant's ability.

3-20           Sec. 90.003.  EXCEPTIONS TO LIMITATION ON LIABILITY.  A

3-21     person, including a bovine activity sponsor or a bovine owner, is

3-22     liable for property damage or damages arising from the personal

3-23     injury or death caused by a participant in a bovine activity if:

3-24                 (1)  the injury or death was caused by faulty equipment

3-25     or tack used in the bovine activity, the person provided the

3-26     equipment or tack, and the person knew or should have known that

3-27     the equipment or tack was faulty;

 4-1                 (2)  the person provided the bovine animal and the

 4-2     person did not make a reasonable and prudent effort to determine

 4-3     the ability of the participant to engage safely in the bovine

 4-4     activity, taking into account the participant's representations of

 4-5     ability;

 4-6                 (3)  the injury or death was caused by a dangerous

 4-7     latent condition of land for which warning signs or written notices

 4-8     were not conspicuously posted and the land was owned, leased, or

 4-9     otherwise under the control of the person at the time of the

4-10     property damage, injury, or death and the person knew of the

4-11     dangerous latent condition;

4-12                 (4)  the person committed an act or omission with

4-13     wilful or wanton disregard for the safety of the participant and

4-14     that act or omission caused the property damage, injury, or death;

4-15     or

4-16                 (5)  the person intentionally caused the property

4-17     damage, injury, or death.

4-18           Sec. 90.004.  WARNING NOTICE.  (a)  A bovine owner or bovine

4-19     activity sponsor who manages or controls a stable, corral, or arena

4-20     where the owner or sponsor conducts a bovine activity shall post

4-21     and maintain a clearly visible sign that contains the warning

4-22     described in Subsection (c).  The bovine owner or bovine activity

4-23     sponsor must post the sign in a location on or near the stable,

4-24     corral, or arena.

4-25           (b)  A bovine owner or bovine activity sponsor shall include

4-26     the warning described in Subsection (c) in every written contract

4-27     that the owner or sponsor enters into with a participant for

 5-1     professional services, instruction, or the rental or loan of a

 5-2     bovine animal.  The warning must be legible and included without

 5-3     regard to whether the contract involves bovine activities on or off

 5-4     the location of the business of the bovine owner or bovine activity

 5-5     sponsor.

 5-6           (c)  The warning must be as follows:

 5-7                                   WARNING

 5-8     UNDER TEXAS LAW (CHAPTER 90, CIVIL PRACTICE AND REMEDIES CODE), A

 5-9     BOVINE OWNER OR BOVINE ACTIVITY SPONSOR IS NOT LIABLE FOR PROPERTY

5-10     DAMAGE, AN INJURY, OR THE DEATH OF A PARTICIPANT IN BOVINE

5-11     ACTIVITIES RESULTING FROM THE INHERENT RISKS OF BOVINE ACTIVITIES.

5-12           SECTION 2.   This Act takes effect September 1, 1997, and

5-13     applies only to a cause of action that accrues on or after that

5-14     date.  A cause of action that accrues before the effective date of

5-15     this Act is governed by the law in effect at the time the action

5-16     accrued, and that law is continued in effect for that purpose.

5-17           SECTION 3.   The importance of this legislation and the

5-18     crowded condition of the calendars in both houses create an

5-19     emergency and an imperative public necessity that the

5-20     constitutional rule requiring bills to be read on three several

5-21     days in each house be suspended, and this rule is hereby suspended.