78R12700 AJA-F


By:  Callegari                                                    H.B. No. 3248



A BILL TO BE ENTITLED

AN ACT

relating to liability of the state and certain political 
subdivisions for certain recreational activities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 75.002(e), (f), and (g), Civil Practice 
and Remedies Code, are amended to read as follows:
	(e)  In this section, "recreation" means, in addition to its 
meaning under Section 75.001, the following activities only if the 
activities take place in or on an indoor or outdoor [inside a] 
facility owned, operated, or maintained by the state or a 
municipality or county:
		(1)  hockey and in-line hockey; and                                           
		(2)  skating, in-line skating, roller-skating, 
skateboarding, and roller-blading.
	(f)  This section [Subsection (e)] limits the liability of 
the state or a municipality or county only for those damages arising 
directly from a recreational activity described in Subsection (e) 
but does not limit the liability of the state or a municipality or 
county for gross negligence or acts conducted in bad faith or with 
malicious intent.
	(g)  Any facility that the state or a municipality or county
[that] owns, operates, or maintains and [a facility] in which the 
recreational activities described in Subsection (e) are conducted 
shall post and maintain a clearly readable sign in a clearly visible 
location on or near the facility [building].  The sign shall contain 
the following warning language:

WARNING

TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE) LIMITS THE 
LIABILITY OF THE STATE AND A MUNICIPALITY OR COUNTY FOR DAMAGES 
ARISING DIRECTLY FROM HOCKEY, IN-LINE HOCKEY, SKATING, IN-LINE 
SKATING, SKATEBOARDING, OR ROLLER-BLADING IN OR ON A FACILITY THAT 
THE STATE OR THE MUNICIPALITY OR COUNTY OWNS, OPERATES, OR 
MAINTAINS [A FACILITY IN WHICH HOCKEY, IN-LINE HOCKEY, SKATING, 
IN-LINE SKATING, ROLLER-SKATING, SKATEBOARDING, OR ROLLER-BLADING 
ARE CONDUCTED FOR DAMAGES ARISING DIRECTLY FROM SUCH RECREATIONAL 
ACTIVITIES].
	SECTION 2.  This Act applies only to a cause of action that 
accrues on or after the effective date of this Act.  A cause of 
action that accrues before the effective date of this Act is 
governed by the law in effect immediately before that date, and that 
law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2003.