HBA-MSH H.B. 1918 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1918
By: Turner, Bob
Civil Practices
4/3/2001
Introduced



BACKGROUND AND PURPOSE 

In an effort to increase the tourism industry involving equine activities,
the 74th Legislature amended the Civil Practice and Remedies Code to limit
the personal liability resulting from dangers that are an inherent risk of
equine activities.  Although equine facilities are now protected from tort
liability,  a person who provides the land for an equine activity such as
trail riding is not protected.  House Bill 1918 limits the liability of a
person who provides land for an equine activity. 

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. 

ANALYSIS

House Bill 1918 amends the Civil Practice and Remedies Code to amend the
definition of an "equine activity" to include recreational trail riding and
Western games.  The bill amends the definition of "equine activity sponsor"
to include a person who sponsors, organizes, or provides the land for an
equine activity. The bill adds hazardous and dangerous land conditions to
the conditions that limit the liability of an equine activity sponsor or an
equine professional for damages resulting from the inherent risk of equine
activity, and removes provisions holding an equine activity sponsor or an
equine professional liable for an injury or death caused by dangerous land
conditions for which warning signs were not posted or verbal warnings
provided.  The bill requires equine activity sponsors as well as an equine
professional to post and maintain a warning sign if the professional owns
the land where the professional conducts an equine activity. 

EFFECTIVE DATE

September 1, 2001.