HBA-ATS, PDH C.S.H.B. 1058 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1058 By: Craddick Civil Practices 4/20/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Section 75.002 (Liability Limited), Civil Practice and Remedies Code, provides that an owner of real property who permits a person to enter the premises for recreation does not owe that person a greater degree of care than is owed a trespasser, does not have to assure that the premises are safe for recreational purposes, and does not have to assume responsibility or incur liability for any injury to any individual or property caused by any act of the person who has entered the premises. "Recreation" is statutorily defined as an activity such as hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, waterskiing and other water sports, or any other activity associated with enjoying nature or the outdoors. The list of activities encompassed by the statutory definition does not include such popular "extreme sports" such as skateboarding and in-line skating. Without their inclusion, landowners who allow these activities to take place on their property could be sued for injuries arising from these activities. C.S.H.B. 1058 includes hockey, in-line hockey, skating, in-line skating, roller-skating, skateboarding, and roller-blading among the activities included in an expanded definition of "recreation" that is applicable only if the activities take place at a facility owned, operated, or maintained by a municipality. This has the effect of excluding private landowners who allow these types of activities to take place on their land from the protection against liability for any injury to any individual or property provided by Section 75.002. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 75.002, Civil Practice and Remedies Code, by adding Subsection (e), to include hockey, in-line hockey, skating, in-line skating, roller-skating, skateboarding, and rollerblading among the activities included in an expanded definition of "recreation" that is applicable only if the activities take place at a facility owned, operated, or maintained by a municipality. SECTION 2.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1058 modifies the original bill in the caption by providing that this Act relates to limiting the liability of a municipality, rather than of landowners for use of their land, for certain recreational activities. C.S.H.B. 1058 modifies the original bill in SECTION 1. The original bill included hockey, in-line hockey, skating, in-line skating, roller-skating, skateboarding, and roller-blading among the activities in the definition of "recreation" under Section 75.001(3), Civil Practices and Remedies Code. The substitute instead includes those activities in the definition of "recreation" in proposed Section 75.002(e), Civil Practice and Remedies Code. More importantly, the substitute provides that liability arising from hockey, in-line hockey, skating, in-line skating, roller-skating, skateboarding, and rollerblading is limited by Section 75.002 only if these activities take place at a facility owned, operated, or maintained by a municipality. Under the original bill, all landowners, including private landowners, who allowed such activities to take place on their land would not have had to assume responsibility or incur liability for any injury to any individual or property caused by any act of the person who had entered their premises.