80R4595 AJA-D
 
  By: Otto H.B. No. 1183
 
 
 
 
A BILL TO BE ENTITLED
AN ACT
relating to liability of landowners who allow their land to be used
for radio control flying and related 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, including off-road
motorcycling and off-road automobile driving and the use of
all-terrain vehicles;
                   (I)  nature study, including bird-watching;
                   (J)  cave exploration;
                   (K)  waterskiing and other water sports;
                   (L)  any other activity associated with enjoying
nature or the outdoors;
                   (M)  bicycling and mountain biking;
                   (N)  disc golf; [or]
                   (O)  on-leash and off-leash walking of dogs; or
                   (P)  radio control flying and related activities.
       SECTION 2.  The change in law made by 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 the
effective date of this Act, 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, 2007.
COMMITTEE AMENDMENT NO. 1
       Amend H.B. No. 1183 by inserting the following appropriately
numbered SECTION and renumbering existing SECTIONS of the bill
accordingly:
       SECTION ___.  Section 75.002, Civil Practice and Remedies
Code, is amended by adding Subsection (i) to read as follows:
       (i)  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) that originates within
the boundaries of the real property.
Miller