SRC-MKV H.B. 2400 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2400
77R12159 AJA-DBy: Geren (Moncrief)
Natural Resources
5/8/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, any person hosting or participating in a horse show or
horse exhibition is protected from damages arising from the activity with
certain exceptions. The purpose of the law is to expressly recognize that
equine activity sponsors and participants understand and accept the
inherent dangers of handling and working with equine animals. However, the
law does not protect participants and sponsors of nonprofit or countywide
livestock shows. For example, a county or nonprofit organization is
protected from certain liability under the law if it hosts an equine event,
but not if the organization hosts a livestock show that includes other
types of animals. H.B. 2400 establishes liability provisions for livestock
shows.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends the heading of Chapter 87, Civil Practice and Remedies
Code, to read as follows: 
CHAPTER 87.  LIABILITY ARISING FROM EQUINE
ACTIVITIES OR LIVESTOCK SHOWS
 
SECTION 2. Amends Section 87.001, Civil Practice and Remedies Code, by
amending Subdivision (6) and adding Subdivisions (7)-(9), to define
"livestock animal," "livestock show," "livestock show sponsor," and to
redefine "participant." 
  
SECTION 3. Amends Section 87.003, Civil Practice and Remedies Code, to add
references to livestock show participants, livestock show sponsors, and
equine activities, and make conforming changes. 

SECTION 4. Amends Section 87.004, Civil Practice and Remedies Code, to add
language relating to injury or death as a result of an activity connected
with the livestock show and makes conforming changes. 
 
SECTION 5. Amends Section 87.005, Civil Practice and Remedies Code, by
amending Subsection (c) and adding Subsections (d), (e), and (f), as
follows: 

 (c) Makes a conforming change.

(d)  Requires a livestock show sponsor to post and maintain a sign that
contains the warning prescribed by Subsection (f) if the livestock show
sponsor manages or controls a stable, barn, corral, or arena at which the
livestock show sponsor conducts a livestock show.  Requires the livestock
show sponsor to post the sign in a clearly visible location near the
stable, barn, corral, or arena. 
 
(e)  Requires a livestock show sponsor to include the warning prescribed by
Subsection (f) in every written contract that the sponsor enters into with
a livestock show participant.  Requires the warning to be clearly readable. 


(f)  Requires the warning posted by a livestock show sponsor under this
section to contain specific language. 

SECTION 6. Effective date: September 1, 2001.