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.