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A BILL TO BE ENTITLED
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AN ACT
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relating to liability arising from farm animals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 87, Civil Practice and |
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Remedies Code, is amended to read as follows: |
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CHAPTER 87. LIABILITY ARISING FROM FARM ANIMALS [ANIMAL ACTIVITIES |
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OR LIVESTOCK SHOWS] |
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SECTION 2. Section 87.001, Civil Practice and Remedies |
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Code, is amended by amending Subdivisions (1), (2-a), (3), (4), |
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(5), (6-a), and (9) and adding Subdivision (2-b) to read as follows: |
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(1) "Engages in a farm animal activity" means riding, |
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handling, training, driving, loading, unloading, feeding, |
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vaccinating, exercising, weaning, transporting, producing, |
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herding, corralling, branding, or dehorning of, assisting in or |
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providing health management activities for, assisting in the |
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medical treatment of, being a passenger on, or assisting a |
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participant or sponsor with a farm animal. The term includes |
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management of a show involving farm animals and engagement in |
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routine or customary activities on a farm to handle and manage farm |
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animals. The term does not include being a spectator at a farm |
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animal activity unless the spectator is in an unauthorized area and |
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in immediate proximity to the farm animal activity. |
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(2-a) "Farm" means any real estate, land area, |
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facility, or ranch used wholly or partly for raising, cultivating, |
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propagating, fattening, grazing, or any other farming, livestock, |
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agricultural, or aquacultural operation. |
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(2-b) "Farm animal" means: |
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(A) an equine animal; |
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(B) a bovine animal; |
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(C) a sheep or goat; |
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(D) a pig or hog; |
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(E) a ratite, including an ostrich, rhea, or emu; |
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or |
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(F) a chicken or other fowl. |
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(3) "Farm animal activity" means: |
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(A) a farm animal show, fair, competition, |
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performance, rodeo, event, or parade that involves any farm animal; |
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(B) training or teaching activities involving a |
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farm animal; |
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(C) owning, raising, boarding, or pasturing a |
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farm animal, including daily care; |
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(D) riding, inspecting, evaluating, handling, |
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transporting, loading, or unloading a farm animal belonging to |
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another, without regard to whether the owner receives monetary |
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consideration or other thing of value for the use of the farm animal |
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or permits a prospective purchaser of the farm animal to ride, |
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inspect, evaluate, handle, load, or unload the farm animal; |
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(E) informal farm animal activity, including a |
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ride, trip, or hunt that is sponsored by a farm animal activity |
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sponsor or a farm owner or lessee; |
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(F) placing or replacing horseshoes on an equine |
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animal; |
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(G) examining or administering medical treatment |
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to a farm animal by a veterinarian; [or] |
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(H) assisting in or providing animal health |
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management activities, including vaccination; |
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(I) assisting in or conducting customary tasks on |
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a farm concerning farm animals; |
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(J) transporting or moving a farm animal; or |
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(K) without regard to whether the participants |
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are compensated, rodeos and single event competitions, including |
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team roping, calf roping, and single steer roping. |
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(4) "Farm animal activity sponsor" means: |
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(A) a person or group who sponsors, owns, |
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organizes, or provides the facilities for a farm animal activity, |
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including facilities for a pony club, 4-H club, hunt club, riding |
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club, therapeutic riding program, or high school or college class, |
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program, or activity, without regard to whether the person operates |
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for profit; or |
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(B) an owner or operator of, instructor at, or |
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promoter for facilities, including a stable, clubhouse, pony ride |
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string, fair, or arena at which a farm animal activity is held. |
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(5) "Farm animal professional" means a person engaged |
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for compensation: |
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(A) to instruct a participant or rent to a |
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participant a farm animal for the purpose of riding, driving, or |
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being a passenger on the farm animal; |
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(B) to rent equipment or tack to a participant; |
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(C) to examine or administer medical treatment to |
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a farm animal as a veterinarian or to provide nonmedical care or |
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treatment to a farm animal, including vaccination; [or] |
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(D) to provide veterinarian or farrier services; |
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(E) to assist in or provide animal health |
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management activities, including vaccination; |
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(F) to provide other care, feeding, and husbandry |
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of farm animals; |
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(G) to assist in or conduct customary tasks on a |
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farm concerning farm animals; or |
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(H) to transport or move a farm animal. |
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(6-a) "Livestock producer" means a person who owns, |
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handles, breeds, raises, buys, sells, or feeds livestock animals. |
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(9) "Participant" means: |
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(A) with respect to a farm animal activity, a |
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person who engages in the activity, without regard to whether the |
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person: |
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(i) is an amateur or professional; |
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(ii) [or whether the person] pays for the |
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activity or participates in the activity for free; or |
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(iii) is an independent contractor or |
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employee; and |
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(B) with respect to a livestock show, a person |
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who registers for and is allowed by a livestock show sponsor to |
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compete in a livestock show by showing an animal on a competitive |
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basis, or a person who assists that person. |
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SECTION 3. Chapter 87, Civil Practice and Remedies Code, is |
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amended by adding Section 87.0021 to read as follows: |
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Sec. 87.0021. CERTAIN LABOR LAWS NOT AFFECTED. Nothing in |
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this chapter affects the applicability of Chapter 406, Labor Code, |
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or an employer's ability to refuse to subscribe to the workers' |
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compensation system. |
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SECTION 4. Sections 87.003 and 87.004, Civil Practice and |
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Remedies Code, are amended to read as follows: |
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Sec. 87.003. LIMITATION ON LIABILITY. Except as provided |
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by Section 87.004, all persons [any person], including a farm |
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animal activity sponsor, farm animal professional, farm owner or |
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lessee, livestock producer, livestock show participant, or |
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livestock show sponsor, are [is] not liable for property damage or |
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damages arising from the personal injury or death of a participant |
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in a farm animal activity or livestock show if the property damage, |
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injury, or death results from the dangers or conditions that are an |
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inherent risk of a farm animal, a farm animal activity, [or] the |
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showing of an animal on a competitive basis in a livestock show, or |
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the raising or handling of livestock on a farm, including: |
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(1) the propensity of a farm animal or livestock |
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animal to behave in ways that may result in personal injury or death |
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to a person on the animal, handling the animal, or otherwise around |
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the animal [it]; |
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(2) the unpredictability of a farm animal's or |
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livestock animal's reaction to sound, a sudden movement, or an |
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unfamiliar object, person, or other animal; |
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(3) with respect to farm animal activities involving |
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equine animals, certain land conditions and hazards, including |
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surface and subsurface conditions; |
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(4) a collision with another animal or an object; or |
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(5) the potential of a participant to act in a |
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negligent manner that may contribute to injury to the participant |
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or another, including failing to maintain control over a farm |
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animal or livestock animal or not acting within the participant's |
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ability. |
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Sec. 87.004. EXCEPTIONS TO LIMITATION ON LIABILITY. A |
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person, including a farm animal activity sponsor, farm animal |
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professional, farm owner or lessee, livestock show participant, or |
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livestock show sponsor, may be [is] liable for property damage or |
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damages arising from the personal injury or death caused by a |
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participant in a farm animal activity or livestock show if: |
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(1) the injury or death was caused by faulty equipment |
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or tack used in the farm animal activity or livestock show, the |
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person provided the equipment or tack, and the person knew or should |
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have known that the equipment or tack was faulty; |
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(2) the person provided the farm animal or livestock |
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animal and the person did not make a reasonable and prudent effort |
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to determine the ability of the participant to engage safely in the |
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farm animal activity, including a work activity, or livestock show |
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and determine the ability of the participant to safely manage the |
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farm animal or livestock animal, taking into account the |
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participant's representations of ability; |
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(3) the injury or death was caused by a dangerous |
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latent condition of land for which warning signs, written notices, |
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or verbal warnings were not conspicuously posted or provided to the |
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participant, and the land was owned, leased, or otherwise under the |
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control of the person at the time of the injury or death and the |
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person knew of the dangerous latent condition; |
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(4) the person committed an act or omission with |
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wilful or wanton disregard for the safety of the participant and |
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that act or omission caused the injury; |
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(5) the person intentionally caused the property |
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damage, injury, or death; or |
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(6) with respect to a livestock show, the injury or |
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death occurred as a result of an activity connected with the |
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livestock show and the person invited or otherwise allowed the |
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injured or deceased person to participate in the activity and the |
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injured or deceased person was not a participant as defined by |
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Section 87.001(9)(B). |
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SECTION 5. Sections 87.005(a), (b), and (c), Civil Practice |
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and Remedies Code, are amended to read as follows: |
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(a) A farm animal professional or a farm owner or lessee |
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shall post and maintain a sign that contains the warning contained |
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in Subsection (c) if the professional, owner, or lessee manages or |
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controls a farm, stable, corral, or arena where the professional, |
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owner, or lessee conducts a farm animal activity. The professional, |
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owner, or lessee must post the sign in a clearly visible location on |
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or near the stable, corral, or arena. |
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(b) A farm animal professional or a farm owner or lessee |
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shall include the warning contained in Subsection (c) in every |
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written contract that the professional, owner, or lessee enters |
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into with a participant, including an employee or independent |
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contractor, for professional services, instruction, or the rental |
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of equipment or tack or a farm animal. The warning must be included |
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without regard to whether the contract involves farm animal |
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activities on or off the location or site of the business of the |
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farm animal professional or farm owner or lessee. The warning must |
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be clearly readable. |
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(c) The warning posted by a farm animal professional or a |
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farm owner or lessee under this section must be as follows: |
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WARNING |
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UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A |
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FARM ANIMAL PROFESSIONAL OR FARM OWNER OR LESSEE IS NOT LIABLE FOR |
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AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL |
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ACTIVITIES, INCLUDING AN EMPLOYEE OR INDEPENDENT CONTRACTOR, |
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RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES. |
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SECTION 6. 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 accrued before the effective date |
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of this Act is governed by the law as it existed immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 7. This Act takes effect September 1, 2021. |