H.B. No. 616
relating to a landowner's liability for injuries incurred during
certain recreational activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 75.001(3), Civil Practice and Remedies
Code, is amended to read as follows:
(3) "Recreation" means an activity such as:
(H) pleasure driving, including off-road
motorcycling and off-road automobile driving and the use of
(I) nature study, including bird-watching;
(J) cave exploration;
(K) waterskiing and other water sports; [
(L) any other activity associated with enjoying
nature or the outdoors;
(M) bicycling and mountain biking;
(N) disc golf; or
(O) on-leash and off-leash walking of dogs.
SECTION 2. 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 on premises owned, operated, or maintained by
a governmental unit [ the state or a municipality or county] for the
purposes of those activities:
(1) hockey and in-line hockey; [ and]
(2) skating, in-line skating, roller-skating,
skateboarding, and roller-blading; and
(3) soap box derby use.
(f) Notwithstanding Subsections (b) and (c), if a person
enters premises owned, operated, or maintained by a governmental
unit and engages in recreation on those premises, the governmental
unit does not owe to the person a greater degree of care than is owed
to a trespasser on the premises [ This section 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 premises a governmental unit [ the state or a
municipality or county] owns, operates, or maintains and on which
the recreational activities described in Subsections [ Subsection]
(e)(1) and (2) are conducted shall post and maintain a clearly
readable sign in a clearly visible location on or near the premises.
The sign shall contain the following warning language:
TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE) LIMITS THE
LIABILITY OF A GOVERNMENTAL UNIT [ THE STATE AND A MUNICIPALITY OR
COUNTY] FOR DAMAGES ARISING DIRECTLY FROM HOCKEY, IN-LINE HOCKEY,
SKATING, IN-LINE SKATING, ROLLER-SKATING, SKATEBOARDING, [ OR]
ROLLER-BLADING, OR SOAP BOX DERBY USE ON PREMISES THAT THE
GOVERNMENTAL UNIT [ STATE OR THE MUNICIPALITY OR COUNTY] OWNS,
OPERATES, OR MAINTAINS FOR THAT PURPOSE.
SECTION 3. 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 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 616 was passed by the House on April
29, 2005, by the following vote: Yeas 139, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 616 on May 27, 2005, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 616 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
Secretary of the Senate