HBA-ATS H.B. 3080 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3080
By: Kuempel
Civil Practices
4/4/1999
Introduced



BACKGROUND AND PURPOSE 

Some surveys and studies reveal that the number of young hunters throughout
the nation is declining. On average, the number of hunters in the 18-34 age
group has declined by 50 percent.  This decline may be attributable to
factors such as increasing urbanization and declining habitat.  Texas is no
exception.  Over the past 30 years, participation in hunting by children
and young adults has decreased.  As a result, the average age of the Texas
hunter is 45.  As these hunters grow older their participation rate will
decrease too.  These declining numbers represent a threat to the hunting
industry.  The U.S. Fish and Wildlife Service reported that hunters spent
an estimated $21 billion dollars on their sport in 1996. 

In Texas, several groups are promoting the reintroduction of hunting to
children and young adults by providing opportunities to hunt on private and
public lands.  Individuals, organizations, and the Texas Parks and Wildlife
use volunteers to conduct these hunts.  Many of these volunteers are
trained through the Texas Youth Hunting program to serve as Huntmasters to
oversee these events. Texas is not alone in sponsoring special hunts for
children and young adults.  As of 1996, 42 states sponsored children's
hunts.  The Florida Game and Freshwater Fish Commission sponsors special
hunts on public land for children as young as eight years old.  The
Colorado Division of Wildlife offers a youth license with no minimum age. 

The individuals who volunteer to oversee the children on these hunts may be
exposed to legal liability.  Because hunting is not encompassed within the
protections of the volunteer laws, volunteers are not provided with
immunity.  Lack of immunity may deter individuals from participating as
volunteers.  H.B. 3080 provides that a volunteer who is serving as an
officer or director or as a direct service volunteer is immune from civil
liability for any act or omission resulting in death, damage, or injury if
the volunteer was acting in the course and scope of the volunteer's duties
or functions.  Immunity is granted only to volunteers who organize or
conduct a hunt for animals carried out by persons younger than age 18. 

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 Title 4, Civil Practice and Remedies Code, by adding
Chapter 100, as follows: 

CHAPTER 100.  LIABILITY OF VOLUNTEERS IN CERTAIN HUNTING ACTIVITIES

Sec. 100.001.  DEFINITIONS.  Defines "good faith" and "volunteer."

Sec. 100.002.  APPLICABILITY TO YOUTH HUNTS.  Specifies that this chapter
applies only to a volunteer in organizing or conducting a hunt for animals
carried out by persons younger than age 18. 

 Sec. 100.003.  VOLUNTEER LIABILITY.  Sets forth that a volunteer who is
serving as an officer or director or as a direct service volunteer is
immune from civil liability for any act or omission resulting in death,
damage, or injury if the volunteer was acting in the course and scope of
the volunteer's duties or functions.  Provides that a volunteer is liable
to a person for death, damage, or injury to the person or the person's
property proximately caused by any act or omission arising from the
operation or use of any motor-driven equipment, including an airplane, to
the extent insurance coverage is required by Chapter 601 (Motor Vehicle
Safety Responsibility Act), Transportation Code and of any existing
insurance coverage applicable to the act or omission.  Articulates that
this section applies only to the liability of a volunteer, and that this
section does not apply to the liability of a person using or benefitting
from the efforts of a volunteer. 

Sec. 100.004.  LIMITATION.  Specifies that this chapter does not apply to
an act or omission that is intentional, wilfully or wantonly negligent, or
done with conscious indifference or reckless disregard for the safety of
others.  

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

SECTION 3.Emergency clause.