84R20800 AJA-F

By: Frullo, Workman, Anderson of McLennan, H.B. No. 750

Bohac, et al.

Substitute the following for H.B. No. 750:

By: Sheets C.S.H.B. No. 750

A BILL TO BE ENTITLED

AN ACT

relating to a landowner's liability for certain aviation activities on or above the owner's land.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 75.001, Civil Practice and Remedies Code, is amended by amending Subdivision (3) and adding Subdivision (3-a) 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;

(O) on-leash and off-leash walking of dogs; [or]

(P) radio control flying and related activities; or

(Q) recreational aviation activities occurring on or above land:

(i) the owner, lessee, or occupant of which is not a governmental unit;

(ii) that is not held open to the public for recreational aviation activities by the owner, lessee, or occupant of the land; and

(iii) for the use of which the owner, lessee, or occupant of the land does not charge.

(3-a) "Recreational aviation activities" means the recreational operation or use of an airplane or other aircraft, including the taxiing, handling, taking off, parking, flying, or landing of the airplane or other aircraft.

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 applicable to the cause of action immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2015.