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


Office of House Bill AnalysisC.S.H.B. 1918
By: Turner, Bob
Civil Practices
4/17/2001
Committee Report (Substituted)



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.  C.S.H.B. 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

C.S.H.B. 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 deletes 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 sponsor
or professional owns the land where the professional conducts an equine
activity. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1918 differs from the original by removing provisions in the
original bill that added 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 specifying that provisions regarding equine activity do not
apply to an activity regulated by the Texas Racing Commission.  The
substitute adds that an equine activity sponsor is required to post and
maintain a warning sign if the sponsor manages, owns or controls a stable,
corral, land, or arena where equine activity is conducted.