HBA-MSH C.S.H.B. 1918 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1918 By: Turner, Bob Civil Practices 4/17/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE In an effort to increase the tourism industry involving equine activities, the 74th Legislature amended the Civil Practice and Remedies Code to limit the personal liability resulting from dangers that are an inherent risk of equine activities. Although equine facilities are now protected from tort liability, a person who provides the land for an equine activity such as trail riding is not protected. C.S.H.B. 1918 limits the liability of a person who provides land for an equine activity. 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. ANALYSIS C.S.H.B. 1918 amends the Civil Practice and Remedies Code to amend the definition of an "equine activity" to include recreational trail riding and Western games. The bill amends the definition of "equine activity sponsor" to include a person who sponsors, organizes, or provides the land for an equine activity. The bill deletes provisions holding an equine activity sponsor or an equine professional liable for an injury or death caused by dangerous land conditions for which warning signs were not posted or verbal warnings provided. The bill requires equine activity sponsors as well as an equine professional to post and maintain a warning sign if the sponsor or professional owns the land where the professional conducts an equine activity. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1918 differs from the original by removing provisions in the original bill that added hazardous and dangerous land conditions to the conditions that limit the liability of an equine activity sponsor or an equine professional for damages resulting from the inherent risk of equine activity and specifying that provisions regarding equine activity do not apply to an activity regulated by the Texas Racing Commission. The substitute adds that an equine activity sponsor is required to post and maintain a warning sign if the sponsor manages, owns or controls a stable, corral, land, or arena where equine activity is conducted.