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79R2869 MFC-F

By:  Callegari                                                    H.B. No. 616



A BILL TO BE ENTITLED

AN ACT

relating to liability of the state, a municipality, or a county for 
certain recreational activities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 75.002(e) 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 
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;
		(3)  bicycling and bicycle motocrossing; and                           
		(4)  soap box derby racing.                                            
	(g)  Any premises 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 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, 
BICYCLING, BICYCLE MOTOCROSSING, OR SOAP BOX DERBY RACING ON 
PREMISES THAT THE STATE OR THE MUNICIPALITY OR COUNTY OWNS, 
OPERATES, OR MAINTAINS FOR THAT PURPOSE.
	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 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.