1-1 AN ACT
1-2 relating to limiting the liability of a municipality for certain
1-3 recreational activities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 75.002, Civil Practice and Remedies Code,
1-6 is amended by adding Subsections (e), (f), and (g) to read as
1-7 follows:
1-8 (e) In this section, "recreation" means, in addition to its
1-9 meaning under Section 75.001, the following activities only if the
1-10 activities take place inside a facility owned, operated, or
1-11 maintained by a municipality:
1-12 (1) hockey and in-line hockey; and
1-13 (2) skating, in-line skating, roller-skating,
1-14 skateboarding, and roller-blading.
1-15 (f) Subsection (e) limits the liability of a municipality
1-16 only for those damages arising directly from a recreational
1-17 activity described in Subsection (e) but does not limit the
1-18 liability of a municipality for gross negligence or acts conducted
1-19 in bad faith or with malicious intent.
1-20 (g) Any municipality that owns, operates, or maintains a
1-21 facility in which the recreational activities described in
1-22 Subsection (e) are conducted shall post and maintain a clearly
1-23 readable sign in a clearly visible location on or near the
1-24 building. The sign shall contain the following warning language:
2-1 WARNING
2-2 TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE) LIMITS THE
2-3 LIABILITY OF A MUNICIPALITY THAT OWNS, OPERATES, OR MAINTAINS A
2-4 FACILITY IN WHICH HOCKEY, IN-LINE HOCKEY, SKATING, IN-LINE SKATING,
2-5 ROLLER-SKATING, SKATEBOARDING, OR ROLLER-BLADING ARE CONDUCTED FOR
2-6 DAMAGES ARISING DIRECTLY FROM SUCH RECREATIONAL ACTIVITIES.
2-7 SECTION 2. This Act takes effect September 1, 1999, and
2-8 applies only to a cause of action that accrues on or after that
2-9 date. An action that accrued before the effective date of this Act
2-10 is governed by the law applicable to the action immediately before
2-11 the effective date of this Act, and that law is continued in effect
2-12 for that purpose.
2-13 SECTION 3. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1058 was passed by the House on May
8, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1058 on May 20, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1058 was passed by the Senate, with
amendments, on May 18, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor