HBA-DMH C.S.H.B. 1917 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1917
By: Turner, Bob
Civil Practices
4/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

As the recreational and tourism industries continue to expand in Texas,
there are some concerns that liability for outdoor activities is not
adequately limited by current law.  C.S.H.B. 1917 expands the definition of
"recreation" for the purpose of limiting landowners' liability. 

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. 1917 amends the Civil Practice and Remedies Code to modify the
definition of "recreation" to include an equine activity and mountain
biking or cycling for the purpose of limiting landowners' liability.  

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1917 differs from the original by removing the proposed provision
that extended limited landowner liability to a real property owner, lessee,
or occupant who charged for entry to the premises if the aggregate entry
charges collected in the previous calender year for recreational use of the
entire premises did not exceed ten times, rather than twice, the total
amount of ad valorem taxes imposed for the previous calender year.  The
substitute modifies the definition of "recreation."