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