BILL ANALYSIS |
C.S.H.B. 2839 |
By: Frullo |
Judiciary & Civil Jurisprudence |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
State law limits the liability of Texas landowners who allow others to use their land for certain recreational activities, such as hunting or fishing, but aviation activities currently are not included among those activities. Interested parties contend that, although many private airfield owners would welcome the opportunity to allow planes flown for recreational purposes to land on their airfields, they are hesitant to allow public access because of concerns that they may be held liable for incidents occurring on their land. C.S.H.B. 2839 addresses the liability of private landowners who allow public use of their property for recreational aviation activities in an effort to increase the recreational use of airplanes across the state as well as the economic activity that accompanies such recreation.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 2839 amends the Civil Practice and Remedies Code to expand the definition of "recreation," for the purposes of statutory limitations on a landowner's liability, to include aviation activities in connection with the use of a landing or takeoff area, provided that the landing or takeoff area complies with the Federal Aviation Administration notification requirements; the owner, lessee, or occupant of the land on which the landing or takeoff area is located is not a governmental unit; the landing or takeoff area is held open to the public for aviation activities by the owner, lessee, or occupant of the land; and the owner, lessee, or occupant of the land does not charge for the use of the landing or takeoff area. The bill defines "aviation activities," for the same purposes of statutory limitations on a landowner's liability, as the operation, including taxiing, handling, taking off, flying, or landing, of an airplane or other aircraft.
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EFFECTIVE DATE
September 1, 2013.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 2839 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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