| |
|
| |
|
|
By: Otto (Senate Sponsor - Nichols) |
H.B. No. 1183 |
|
|
(In the Senate - Received from the House May 1, 2007; |
|
|
May 2, 2007, read first time and referred to Committee on State |
|
|
Affairs; May 18, 2007, reported favorably by the following vote: |
|
|
Yeas 7, Nays 0; May 18, 2007, sent to printer.) |
| |
|
|
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. 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. |
|
|
SECTION 3. 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 4. 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. |
|
|
|
|
|
* * * * * |