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