HBA-ATS, PDH H.B. 1058 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1058
By: Craddick
Civil Practices
4/4/1999
Introduced



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. "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.  Without their inclusion, landowners who
allow these activities to take place on their property could be sued for
injuries arising from these activities. 

H.B. 1058 increases the number of recreational activities for which
liability is limited by Section 75.002, by expanding the statutory
definition of "recreation" to include hockey, in-line hockey, skating,
in-line skating, roller-skating, skateboarding, and roller-blading among
the activities listed under Section 75.001 (Definitions), Civil Practice
and Remedies Code. 

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 75.001(3), Civil Practice and Remedies Code, to
include hockey, inline hockey, skating, in-line skating, roller-skating,
skateboarding, and roller-blading among the activities included in the
definition of recreation.  Redesignates existing Paragraph (L) to (N). 

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.Emergency clause.