By: Geren H.B. No. 3467
A BILL TO BE ENTITLED
AN ACT
relating to liability of sponsors of and participants in certain
activities involving animals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 87.005, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 87.005. WARNING NOTICE. (a) An equine professional
shall post and maintain a sign that contains the warning contained
in Subsection (c) if the professional manages or controls a stable,
corral, or arena where the professional conducts an equine
activity. The professional must post the sign in a clearly visible
location on or near the stable, corral, or arena.
(b) An equine professional shall include the warning
contained in Subsection (c) in every written contract that the
professional enters into with a participant for professional
services, instruction, or the rental of equipment or tack or an
equine animal. The warning must be included without regard to
whether the contract involves equine activities on or off the
location or site of the business of the equine professional. The
warning must be clearly readable.
(c) The warning posted by an equine professional under this
section must be [as follows] one of the following:
WARNING
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), AN
EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A
PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS
OF EQUINE ACTIVITIES.
[WARNING]
;or
WARNING
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), AN
EQUINE PROFESSIONAL / LIVESTOCK SHOW SPONSOR IS NOT LIABLE FOR AN
INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE / LIVESTOCK SHOW
ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE / LIVESTOCK
SHOW ACTIVITIES.
(d) A livestock show sponsor shall 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. The livestock show sponsor must post the sign in a clearly
visible location near the stable, barn, corral, or arena.
(e) A livestock show sponsor shall include the warning
prescribed by Subsection (f) in every written contract that the
sponsor enters into with a livestock show participant. The warning
must be clearly readable.
(f) The warning posted by a livestock show sponsor under
this section must be [as follows] one of the following:
WARNING
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A
LIVESTOCK SHOW SPONSOR IS NOT LIABLE FOR AN INJURY TO OR THE DEATH
OF A PARTICIPANT IN A LIVESTOCK SHOW RESULTING FROM THE INHERENT
RISKS OF LIVESTOCK SHOW ACTIVITIES.
;or
WARNING
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), AN
EQUINE PROFESSIONAL / LIVESTOCK SHOW SPONSOR IS NOT LIABLE FOR AN
INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE / LIVESTOCK SHOW
ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE / LIVESTOCK
SHOW ACTIVITIES.
SECTION 2. This Act takes effect September 1, 2003.