BILL ANALYSIS

 

 

 

C.S.H.B. 4904

By: Guillen

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

The bill author has informed the committee that property owners who allow their land to be used for motorcycle training courses may face civil liability for incidents occurring during the course, even when they are not directly involved in the instruction, which can deter property owners from making space available for essential motorcycle safety training. C.S.H.B. 4904 seeks to encourage the availability of training sites by exempting property owners from liability for accidents or incidents occurring during motorcycle instruction or training courses, except in cases of gross negligence, recklessness, or intentional misconduct.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

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.

 

ANALYSIS

 

C.S.H.B. 4904 amends the Transportation Code to exempt an owner of property on which instruction on motorcycle operation and safety by an instructor or an instructor training course takes place from liability for any act or omission that occurs during the instruction or course, excluding a cause of action arising from an act or omission constituting gross negligence, recklessness, or intentional misconduct. The bill applies only to a cause of action that accrues on or after the bill's effective date.

 

EFFECTIVE DATE

 

September 1, 2025.

 

COMPARISON OF INTRODUCED AND SUBSTITUTE

 

C.S.H.B. 4904 differs from the introduced in minor or nonsubstantive ways by conforming to certain bill drafting conventions.