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


Office of House Bill AnalysisH.B. 1058
By: Craddick
Civil Practices
6/3/1999
Enrolled


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.  Under Section 75.001
(Definitions), "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.  Prior
to the 76th Legislature, landowners who allowed these activities to take
place on their property could have been sued for injuries arising from
these activities. 

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 inside 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. 

This bill also limits municipal liability only to those damages arising
directly from hockey, in-line hockey, skating, in-line skating,
roller-skating, skateboarding, and roller-blading, but does not shield a
municipality from liability for gross negligence or acts conducted in bad
faith or with malicious intent.  Under this bill, a municipality that owns,
operates, or maintains a facility in which hockey, in-line hockey, skating,
in-line skating, roller-skating, skateboarding, and roller-blading take
place is required to post and maintain a clearly readable sign with warning
language in a clearly visible location on or near the building. 

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 Subsections (e), (f), and (g), as follows: 

(e) 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 inside a facility owned, operated, or
maintained by a municipality. 

(f) Limits municipal liability only to those damages arising directly from
hockey, in-line hockey, skating, in-line skating, roller-skating,
skateboarding, and roller-blading, but does not shield a municipality from
liability for gross negligence or acts conducted in bad faith or with
malicious intent. 
 
(g) Requires a municipality that owns, operates, or maintains a facility in
which hockey, inline hockey, skating, in-line skating, roller-skating,
skateboarding, and roller-blading take place to post and maintain a clearly
readable sign with warning language in a clearly visible location on or
near the building.  Sets forth the required language of the sign. 

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

SECTION 3.Emergency clause.