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A BILL TO BE ENTITLED
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AN ACT
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relating to limited liability for an agritourism entity involved in |
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an agritourism activity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 75A to read as follows: |
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CHAPTER 75A. LIMITED LIABILITY FOR AGRITOURISM ACTIVITIES |
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Sec. 75A.001. DEFINITIONS. In this chapter: |
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(1) "Agricultural land" means land that is located in |
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this state and that is suitable for: |
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(A) use in production of plants and fruits grown |
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for human or animal consumption, or plants grown for the production |
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of fibers, floriculture, viticulture, horticulture, or planting |
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seed; or |
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(B) domestic or native farm or ranch animals kept |
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for use or profit. |
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(2) "Agritourism activity" means an activity on |
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agricultural land for recreational or educational purposes of a |
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participant. An activity is an agritourism activity without regard |
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to whether the participant compensated the agritourism entity to |
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participate in the activity. |
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(3) "Agritourism entity" means a person engaged in the |
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business of providing an agritourism activity, without regard to |
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compensation. |
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(4) "Agritourism participant" means a person, other |
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than an employee of an agritourism entity, who engages in an |
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agritourism activity. |
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(5) "Agritourism participant injury" means an injury |
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sustained by an agritourism participant, including bodily injury, |
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emotional distress, death, property damage, or any other loss |
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arising from the person's participation in an agritourism activity. |
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(6) "Premises" has the meaning assigned by Section |
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75.001. |
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(7) "Recreation" has the meaning assigned by Section |
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75.001. |
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Sec. 75A.002. LIMITED LIABILITY. (a) Except as provided by |
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Subsection (b), an agritourism entity is not liable to any person |
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for an agritourism participant injury or damages arising out of the |
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agritourism participant injury if: |
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(1) the warning required by Section 75A.003 is posted |
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as required; or |
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(2) the agritourism entity has a signed release from |
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the agritourism participant indicating that the agritourism |
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participant has received written notice of the warning required by |
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Section 75A.003. |
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(b) This section does not limit liability for an injury: |
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(1) proximately caused by the agritourism entity's |
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negligence evidencing a disregard for the safety of the agritourism |
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participant; |
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(2) proximately caused by the agritourism entity, who |
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had actual knowledge or reasonably should have known of: |
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(A) a dangerous condition on the land, |
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facilities, or equipment used in the activity; or |
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(B) the dangerous propensity, that is not |
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disclosed to the agritourism participant, of a particular animal |
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used in the activity; |
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(3) proximately caused by a failure to train or |
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improper training of an employee of the agritourism entity actively |
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involved in an agritourism activity; or |
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(4) intentionally caused by the agritourism entity. |
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(c) A limitation on liability by this section to an |
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agritourism entity is in addition to other limitations of |
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liability. |
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Sec. 75A.003. WARNING REQUIRED. Unless a written agreement |
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and warning statement described by Section 75A.004 is given to and |
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signed by the agritourism participant, an agritourism entity shall |
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post and maintain a sign in a clearly visible location on or near |
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any premises on which an agritourism activity is conducted. The |
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sign must contain the following language: |
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WARNING |
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UNDER TEXAS LAW (CHAPTER 75A, CIVIL |
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PRACTICE AND REMEDIES CODE), AN AGRITOURISM |
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ENTITY IS NOT LIABLE FOR ANY INJURY OR DEATH |
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OF AN AGRITOURISM PARTICIPANT RESULTING |
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FROM AN AGRITOURISM ACTIVITY. |
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Sec. 75A.004. AGREEMENT EFFECTIVE AND ENFORCEABLE. A |
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written agreement and warning statement is considered effective and |
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enforceable if it is: |
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(1) signed before the agritourism participant |
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participates in any agritourism activity; |
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(2) signed by the agritourism participant; |
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(3) in a document separate from any other agreement |
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between the agritourism participant and the agritourism entity |
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other than a different warning, consent, or assumption of risk |
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statement; |
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(4) printed in not less than 10-point bold type; and |
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(5) contains the following language: |
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AGREEMENT AND WARNING |
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I UNDERSTAND AND ACKNOWLEDGE THAT AN |
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AGRITOURISM ENTITY IS NOT LIABLE FOR ANY |
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INJURY TO OR DEATH OF AN AGRITOURISM |
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PARTICIPANT RESULTING FROM AGRITOURISM |
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ACTIVITIES. I UNDERSTAND THAT I HAVE |
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ACCEPTED ALL RISK OF INJURY, DEATH, |
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PROPERTY DAMAGE, AND OTHER LOSS THAT MAY |
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RESULT FROM AGRITOURISM ACTIVITIES. |
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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 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 3. 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, 2013. |