HBA-ATS, PDH H.B. 1058 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1058 By: Craddick Civil Practices 6/3/1999 Enrolled BACKGROUND AND PURPOSE Section 75.002 (Liability Limited), Civil Practice and Remedies Code, provides that an owner of real property who permits a person to enter the premises for recreation does not owe that person a greater degree of care than is owed a trespasser, does not have to assure that the premises are safe for recreational purposes, and does not have to assume responsibility or incur liability for any injury to any individual or property caused by any act of the person who has entered the premises. Under Section 75.001 (Definitions), "recreation" is statutorily defined as an activity such as hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, waterskiing and other water sports, or any other activity associated with enjoying nature or the outdoors. The list of activities encompassed by the statutory definition does not include such popular "extreme sports" such as skateboarding and in-line skating. Prior to the 76th Legislature, landowners who allowed these activities to take place on their property could have been sued for injuries arising from these activities. H.B. 1058 includes hockey, in-line hockey, skating, in-line skating, roller-skating, skateboarding, and roller-blading among the activities included in an expanded definition of "recreation" that is applicable only if the activities take place inside a facility owned, operated, or maintained by a municipality. This has the effect of excluding private landowners who allow these types of activities to take place on their land from the protection against liability for any injury to any individual or property provided by Section 75.002. This bill also limits municipal liability only to those damages arising directly from hockey, in-line hockey, skating, in-line skating, roller-skating, skateboarding, and roller-blading, but does not shield a municipality from liability for gross negligence or acts conducted in bad faith or with malicious intent. Under this bill, a municipality that owns, operates, or maintains a facility in which hockey, in-line hockey, skating, in-line skating, roller-skating, skateboarding, and roller-blading take place is required to post and maintain a clearly readable sign with warning language in a clearly visible location on or near the building. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 75.002, Civil Practice and Remedies Code, by adding Subsections (e), (f), and (g), as follows: (e) Includes hockey, in-line hockey, skating, in-line skating, roller-skating, skateboarding, and roller-blading among the activities included in an expanded definition of "recreation" that is applicable only if the activities take place inside a facility owned, operated, or maintained by a municipality. (f) Limits municipal liability only to those damages arising directly from hockey, in-line hockey, skating, in-line skating, roller-skating, skateboarding, and roller-blading, but does not shield a municipality from liability for gross negligence or acts conducted in bad faith or with malicious intent. (g) Requires a municipality that owns, operates, or maintains a facility in which hockey, inline hockey, skating, in-line skating, roller-skating, skateboarding, and roller-blading take place to post and maintain a clearly readable sign with warning language in a clearly visible location on or near the building. Sets forth the required language of the sign. SECTION 2.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3.Emergency clause.