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


Office of House Bill AnalysisC.S.H.B. 1058
By: Craddick
Civil Practices
4/20/1999
Committee Report (Substituted)



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. 

C.S.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 at 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. 

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 Subsection (e), to include hockey, in-line hockey, skating, in-line
skating, roller-skating, skateboarding, and rollerblading among the
activities included in an expanded definition of "recreation" that is
applicable only if the activities take place at a facility owned, operated,
or maintained by a municipality. 

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

SECTION 3.Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1058 modifies the original bill in the caption by providing that
this Act relates to limiting the liability of a municipality, rather than
of landowners for use of their land, for certain recreational activities. 

C.S.H.B. 1058 modifies the original bill in SECTION 1.  The original bill
included hockey, in-line hockey, skating, in-line skating, roller-skating,
skateboarding, and roller-blading among the activities in the definition of
"recreation" under Section 75.001(3), Civil Practices and Remedies Code.
The substitute instead includes those activities in the definition of
"recreation" in proposed Section  75.002(e), Civil Practice and Remedies
Code.  More importantly, the substitute provides that liability arising
from hockey, in-line hockey, skating, in-line skating, roller-skating,
skateboarding, and rollerblading is limited by Section 75.002 only if these
activities take place at a facility owned, operated, or maintained by a
municipality.  Under the original bill, all landowners, including private
landowners, who allowed such activities to take place on their land would
not have had to assume responsibility or incur liability for any injury to
any individual or property caused by any act of the person who had entered
their premises.