By Geren                                              H.B. No. 2400
         77R7452 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to liability of sponsors of and participants in certain
 1-3     activities involving animals.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. The heading of Chapter 87, Civil Practice and
 1-6     Remedies Code, is amended to read as follows:
 1-7              CHAPTER 87.  LIABILITY ARISING FROM [FOR] EQUINE
 1-8                        ACTIVITIES OR LIVESTOCK SHOWS
 1-9           SECTION 2. Section 87.001, Civil Practice and Remedies Code,
1-10     is amended by amending Subdivision (6) and adding Subdivisions
1-11     (7)-(9) to read as follows:
1-12                 (6)  "Livestock animal" means:
1-13                       (A)  an animal raised for human consumption; or
1-14                       (B)  an equine animal.
1-15                 (7)  "Livestock show" means a nonprofit event at which
1-16     more than two species or breeds of livestock animals are gathered
1-17     for exhibition or competition.
1-18                 (8)  "Livestock show sponsor" means a recognized group
1-19     or association that organizes and sanctions a livestock show,
1-20     including a political subdivision or nonprofit organization that is
1-21     exempt from federal income tax under Section 501(a), Internal
1-22     Revenue Code of 1986, as amended, by being listed as an exempt
1-23     organization in Section 501(c)(3) of that code.
1-24                 (9)  "Participant" means:
 2-1                       (A)  with respect to an equine activity, a person
 2-2     who engages in the [an equine] activity, without regard to whether
 2-3     the person is an amateur or professional or whether the person pays
 2-4     for the activity or participates in the activity for free; and
 2-5                       (B)  with respect to a livestock show, a person
 2-6     who is allowed by a livestock show sponsor to compete in or assist
 2-7     with a livestock show.
 2-8           SECTION 3. Section 87.003, Civil Practice and Remedies Code,
 2-9     is amended to read as follows:
2-10           Sec. 87.003.  LIMITATION ON LIABILITY. Except as provided by
2-11     Section 87.004, any person, including an equine activity sponsor,
2-12     [or an] equine professional, livestock show participant, or
2-13     livestock show sponsor, is not liable for property damage or
2-14     damages arising from the personal injury or death of a participant
2-15     in an equine activity or livestock show if the property damage,
2-16     injury, or death results from the dangers or conditions that are an
2-17     inherent risk of an equine activity or livestock show, including:
2-18                 (1)  the propensity of an equine or livestock animal to
2-19     behave in ways that may result in personal injury or death to a
2-20     person on or around it;
2-21                 (2)  the unpredictability of an equine or livestock
2-22     animal's reaction to sound, a sudden movement, or an unfamiliar
2-23     object, person, or other animal;
2-24                 (3)  certain land conditions and hazards, including
2-25     surface and subsurface conditions;
2-26                 (4)  a collision with another animal or an object; or
2-27                 (5)  the potential of a participant to act in a
 3-1     negligent manner that may contribute to injury to the participant
 3-2     or another, including failing to maintain control over the equine
 3-3     or livestock animal or not acting within the participant's ability.
 3-4           SECTION 4. Section 87.004, Civil Practice and Remedies Code,
 3-5     is amended to read as follows:
 3-6           Sec. 87.004.  EXCEPTIONS TO LIMITATION ON LIABILITY. A
 3-7     person, including an equine activity sponsor, [or an] equine
 3-8     professional, livestock show participant, or livestock show
 3-9     sponsor, is liable for property damage or damages arising from the
3-10     personal injury or death caused by a participant in an equine
3-11     activity or livestock show if:
3-12                 (1)  the injury or death was caused by faulty equipment
3-13     or tack used in the equine activity or livestock show, the person
3-14     provided the equipment or tack, and the person knew or should have
3-15     known that the equipment or tack was faulty;
3-16                 (2)  the person provided the equine or livestock animal
3-17     and the person did not make a reasonable and prudent effort to
3-18     determine the ability of the participant to engage safely in the
3-19     equine activity or livestock show and determine the ability of the
3-20     participant to safely manage the equine or livestock animal, taking
3-21     into account the participant's representations of ability;
3-22                 (3)  the injury or death was caused by a dangerous
3-23     latent condition of land for which warning signs, written notices,
3-24     or verbal warnings were not conspicuously posted or provided to the
3-25     participant, and the land was owned, leased, or otherwise under the
3-26     control of the person at the time of the injury or death and the
3-27     person knew of the dangerous latent condition;
 4-1                 (4)  the person committed an act or omission with
 4-2     wilful or wanton disregard for the safety of the participant and
 4-3     that act or omission caused the injury; or
 4-4                 (5)  the person intentionally caused the property
 4-5     damage, injury, or death.
 4-6           SECTION 5. Section 87.005, Civil Practice and Remedies Code,
 4-7     is amended by amending Subsection (c) and adding Subsections (d),
 4-8     (e), and (f) to read as follows:
 4-9           (c)  The warning posted by an equine professional under this
4-10     section must be as follows:
4-11                                   WARNING
4-12           UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND
4-13           REMEDIES CODE), AN EQUINE PROFESSIONAL IS NOT LIABLE
4-14           FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN
4-15           EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF
4-16           EQUINE ACTIVITIES.
4-17           (d)  A livestock show sponsor shall post and maintain a sign
4-18     that contains the warning prescribed by Subsection (f) if the
4-19     livestock show sponsor manages or controls a stable, barn, corral,
4-20     or arena at which the livestock show sponsor conducts a livestock
4-21     show.  The livestock show sponsor must post the sign in a clearly
4-22     visible location near the stable, barn, corral, or arena.
4-23           (e)  A livestock show sponsor shall include the warning
4-24     prescribed by Subsection (f) in every written contract that the
4-25     sponsor enters into with a livestock show participant.  The warning
4-26     must be clearly readable.
4-27           (f)  The warning posted by a livestock show sponsor under
 5-1     this section must be as follows:
 5-2                                   WARNING
 5-3           UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND
 5-4           REMEDIES CODE), A LIVESTOCK SHOW SPONSOR IS NOT LIABLE
 5-5           FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN A
 5-6           LIVESTOCK SHOW RESULTING FROM THE INHERENT RISKS OF
 5-7           LIVESTOCK SHOW ACTIVITIES.
 5-8           SECTION 6. This Act takes effect September 1, 2001, and
 5-9     applies only to a cause of action that accrues on or after that
5-10     date.  A cause of action that accrues before September 1, 2001, is
5-11     governed by the law in effect immediately before that date, and
5-12     that law is continued in effect for that purpose.