BILL ANALYSIS

Senate Research Center                                                                                                     H.B. 1183

                                                                                                                              By: Otto (Nichols)

State Affairs

5/17/2007

Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Chapter 75, Civil Practice and Remedies Code, provides for limitations of landowners' liability for certain activities that take place on their land.  Specifically, Section 75.001(3) defines the word "recreation" and lists such activities.

H.B. 1183 adds a new activity to the definition of "recreation"--radio control flying and related activities. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 75.001(3), Civil Practice and Remedies Code, to redefine "recreation."

SECTION 2.  Amends Section 75.002, Civil Practice and Remedies Code, by adding Subsection (i), to provide that Subsections (b) and (c) do not affect any liability of an owner, lessee, or occupant of real property for an injury occurring outside the boundaries of the real property caused by an activity described by Section 75.001(3)(P) (radio control flying and related activities) that originates within the boundaries of the real property.

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: upon passage or September 1, 2007.