79R10453 MFC-D
By: Callegari H.B. No. 616
Substitute the following for H.B. No. 616:
By: Talton C.S.H.B. No. 616
A BILL TO BE ENTITLED
AN ACT
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:
(A) hunting;
(B) fishing;
(C) swimming;
(D) boating;
(E) camping;
(F) picnicking;
(G) hiking;
(H) pleasure driving;
(I) nature study, including bird-watching;
(J) cave exploration;
(K) waterskiing and other water sports; [or]
(L) bicycling or bicycle motocrossing; or
(M) any other activity associated with enjoying
nature or the outdoors.
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 for recreation purposes, 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 Subsection (e) 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:
WARNING
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. An action that
accrued before the effective date of this Act is governed by the law
applicable to the action immediately before the effective date of
this Act, 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.