, , , relating to limiting the liability of certain persons for equine activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practices and Remedies Code, is amended by adding Chapter 87 to read as follows:
CHAPTER 87. LIABILITY FOR EQUINE ACTIVITIES
SEC. 87.001. DEFINITIONS. In this chapter:
(1) Engages in an equine activity means riding, handling, training,
driving, assisting in the medical treatment of, being a passenger
on, or assisting a participant or sponsor with an equine animal.
The term includes management of a show involving equine
animals. The term does not include being a spectator at an
equine activity unless the spectator is in an unauthorized area
and in immediate proximity to the equine activity.
(2) Equine animal means a horse, pony, mule, donkey, or hinny.
(3) Equine activity means:
(A) an equine animal show, fair, competition, performance, or
parade that involves any breed of equine animal and any equine
discipline, including dressage, hunter and jumper horse shows,
grand prix jumping, three-day events, combined training, driving,
pulling, cutting, polo, steeplechasing, English and Western
performance riding, endurance trail riding and Western games,
(B) equine training or teaching activities;
(C) boarding equine animals;
(D) riding, inspecting, or evaluating an equine animal belonging
to another, without regard to whether the owner receives
monetary consideration or other thing of value for the use of the
equine animal or permits a prospective purchaser of the equine
animal to ride, inspect, or evaluate the equine animal;
(E) informal equine activity, including a ride, trip, or hunt that is
sponsored by an equine activity sponsor;
(F) placing or replacing horseshoes on an equine animal; or
(G) without regard to whether the participants are compensated,
rodeos and single event competitions, including team roping,
calf roping, and single steer roping.
(4) Equine activity sponsor means:
(A) a person or group who sponsors, organizes, or provides the
facilities for an equine activity, including equine facilities for a
pony club, 4-H club, hunt club, riding club, therapeutic riding
program, or a high school or college class, program, or activity,
without regard to whether the person operates for profit; or
(B) an operator of, instructor at, or promoter for equine facilities,
including a stable, clubhouse, pony ride string, fair, or arena at
which an equine activity is held.
(5) Equine professional means a persons engaged for
(A) to instruct a participant or rent to a participant an equine
animal for the purpose of riding, driving, or being a passenger
on the equine animal; or
(B) to rent equipment or tack to a participant.
(6) Participant means a person who engages in an equine activity,
without regard to whether the peron is an amateur or
professional or whether the person pays for the activity or
participates in the activity for free.
SEC. 87.002. APPLICABILITY OF CHAPTER. This chapter does not
apply to an activity regulated by the Texas Racing Commission.
SEC. 87.003. LIMITATION OF LIABILITY. Except as provided by
Section 87.004, any person, including an equine activity sponsor or
an equine professional, is not liable for property damage or damages
arising from the personal injury or death of a participant if the property
damage, injury, or death results from the dangers or conditions that
are an inherent risk or equine activity, including:
(1) the propensity of an equine animal to behave in ways that may
result in personal injury or death to a person on or around it;
(2) the unpredictability of an equine animal's reaction to sound,
a sudden movement, or an unfamiliar object, person, or other
(3) certain land conditions and hazards, including surface and
(4) a collision with another animal or an object; or
(5) the potential or (of) a participant to act in a negligent manner that
may contribute to injury to the participant or another, including
failing to maintain control over the equine animal or not acting
within the participant's ability.
SEC. 87.004. EXCEPTIONS TO LIMITATION ON LIABILITY.
A person, including an equine activity sponsor or an equine
professional, is liable for property damage or damages arising from
the personal injury or death caused by a participant in an equine
(1) the injury or death was caused by faulty equipment or tack used
in the equine activity, the person provided the equipment or tack,
and the person knew or should have known that the equipment
or tack was faulty;
(2) the person provided the equine animal and the person did not
make a reasonable and prudent effort to determine the ability of
the participant to engage safely in the equine activity and
determine that ability of the participant to safely manage the
equine animal, taking in top account the participant's
representations of ability;
(4) the person committed an act or omission with wilful or wanton
disregard for the safety of the participant and that act or
omission caused the injury; or
(5) the person intentionally caused the injury or death.
SEC. 87.005. WARNING NOTICE.
(a) An equine professional shall post and maintain a sign that
contains the warning contained in Subsection (c) if the
professional manages or controls a stable, corral, or arena where
the professional conducts an equine activity. The professional must
post the sign in a clearly visible location on or near the stable,
corral, or arena.
(b) An equine professional shall include the warning contained in
Subsection (c) in every written contract that the professional enters
into with a participant for professional services, instruction, or the
rental of equipment or tack or an equine animal. The warning must
be included without regard to whether the contract involves equine
activities on or off the location or site of the business of the equine
professional. The Warning must be clearly readable.
(c) The Warning must be as follows:
(CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE),
AN EQUINE PROFESSIONAL IS NOT LIABLE
FOR AN INJURY TO OR THE DEATH OF
A PARTICIPANT IN EQUINE ACTIVITIES
RESULTING FROM THE INHERENT RISKS
OF EQUINE ACTIVITIES
only to a cause of action accruing on or after that date. A cause of
action accruing before the effective date of this Act is governed by
the law in effect at the time the action accrued, and that law is
continued for that purpose.
SECTION 3. The importance of this legislation and the crowded
condition of the calendars in both houses create an emergency
and an imperative public necessity that the constitutional rule
requiring bills to be read on three several days in each house be
suspended, and this rule is hereby suspended.