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A BILL TO BE ENTITLED
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AN ACT
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relating to a landowner's liability for certain aviation activities |
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on the owner's land. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 75.001, Civil Practice and Remedies |
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Code, is amended by adding Subdivision (1-a) and amending |
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Subdivision (3) to read as follows: |
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(1-a) "Aviation activities" means the operation, |
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including taxiing, handling, taking off, flying, or landing, of an |
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airplane or other aircraft. |
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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; |
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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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or |
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(Q) aviation activities in connection with the |
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use of a landing or takeoff area: |
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(i) that complies with the Federal Aviation |
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Administration notification requirements under 14 C.F.R. Part 157; |
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(ii) located on land the owner, lessee, or |
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occupant of which is not a governmental unit; |
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(iii) held open to the public for aviation |
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activities by the owner, lessee, or occupant of the land on which |
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the landing or takeoff area is located; and |
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(iv) for the use of which the owner, lessee, |
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or occupant of the land does not charge. |
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SECTION 2. 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 applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |