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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of landowners who allow their land to be used |
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for radio control flying and related activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 75.001(3), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(3) "Recreation" means an activity such as: |
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(A) hunting; |
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(B) fishing; |
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(C) swimming; |
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(D) boating; |
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(E) camping; |
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(F) picnicking; |
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(G) hiking; |
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(H) pleasure driving, including off-road |
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motorcycling and off-road automobile driving and the use of |
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all-terrain vehicles; |
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(I) nature study, including bird-watching; |
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(J) cave exploration; |
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(K) waterskiing and other water sports; |
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(L) any other activity associated with enjoying |
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nature or the outdoors; |
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(M) bicycling and mountain biking; |
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(N) disc golf; [or] |
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(O) on-leash and off-leash walking of dogs; or |
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(P) radio control flying and related activities. |
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SECTION 2. Section 75.002, Civil Practice and Remedies |
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Code, is amended by adding Subsection (i) to read as follows: |
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(i) Subsections (b) and (c) do not affect any liability of |
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an owner, lessee, or occupant of real property for an injury |
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occurring outside the boundaries of the real property caused by an |
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activity described by Section 75.001(3)(P) that originates within |
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the boundaries of the real property. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |