79R7706 MFC-F

By:  Duncan                                                       S.B. No. 1224



A BILL TO BE ENTITLED

AN ACT

relating to liability of a governmental unit 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 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;
		(3)  bicycling and mountain biking;                                    
		(4)  disc golf; and                                                    
		(5)  on-leash and off-leash walking of dogs.                           
	(f)  This section limits the liability of a governmental unit
[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 a governmental 
unit [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, BICYCLING, MOUNTAIN BIKING, DISC GOLF, OR ON-LEASH 
AND OFF-LEASH WALKING OF DOGS ON PREMISES THAT THE GOVERNMENTAL 
UNIT [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.