S.B. No. 610

	AN ACT
	relating to limited liability for an agritourism entity involved in
	an agritourism activity.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Title 4, Civil Practice and Remedies Code, is
	amended by adding Chapter 75A to read as follows:
	CHAPTER 75A. LIMITED LIABILITY FOR AGRITOURISM ACTIVITIES
	Sec. 75A.001.  DEFINITIONS. In this chapter:
	(1)  "Agricultural land" means land that is located in
	this state and that is suitable for:
	(A)  use in production of plants and fruits grown
	for human or animal consumption, or plants grown for the production
	of fibers, floriculture, viticulture, horticulture, or planting
	seed; or
	(B)  domestic or native farm or ranch animals kept
	for use or profit.
	(2)  "Agritourism activity" means an activity on
	agricultural land for recreational or educational purposes of
	participants, without regard to compensation.
	(3)  "Agritourism entity" means a person engaged in the
	business of providing an agritourism activity, without regard to
	compensation, including a person who displays exotic animals to the
	public on agricultural land.
	(4)  "Agritourism participant" means an individual,
	other than an employee of an agritourism entity, who engages in an
	agritourism activity.
	(5)  "Agritourism participant injury" means an injury
	sustained by an agritourism participant, including bodily injury,
	emotional distress, death, property damage, or any other loss
	arising from the person's participation in an agritourism activity.
	(6)  "Premises" has the meaning assigned by Section
	75.001.
	(7)  "Recreation" has the meaning assigned by Section
	75.001.
	Sec. 75A.002.  LIMITED LIABILITY. (a)  Except as provided
	by Subsection (b), an agritourism entity is not liable to any person
	for an agritourism participant injury or damages arising out of the
	agritourism participant injury if:
	(1)  at the time of the agritourism activity from which
	the injury arises, the warning prescribed by Section 75A.003 was
	posted in accordance with that section; or
	(2)  the agritourism entity obtained in accordance with
	Section 75A.004 a written agreement and warning statement from the
	agritourism participant with respect to the agritourism activity
	from which the injury arises.
	(b)  This section does not limit liability for an injury:
	(1)  proximately caused by:
	(A)  the agritourism entity's negligence
	evidencing a disregard for the safety of the agritourism
	participant;
	(B)  one of the following dangers, of which the
	agritourism entity had actual knowledge or reasonably should have
	known:
	(i)  a dangerous condition on the land,
	facilities, or equipment used in the activity; or
	(ii)  the dangerous propensity, that is not
	disclosed to the agritourism participant, of a particular animal
	used in the activity; or
	(C)  the agritourism entity's failure to train or
	improper training of an employee of the agritourism entity actively
	involved in an agritourism activity; or
	(2)  intentionally caused by the agritourism entity.
	(c)  A limitation on liability provided by this section to an
	agritourism entity is in addition to other limitations of
	liability.
	Sec. 75A.003.  POSTED WARNING. For the purposes of
	limitation of liability under Section 75A.002(a)(1), an
	agritourism entity must post and maintain a sign in a clearly
	visible location on or near any premises on which an agritourism
	activity is conducted. The sign must contain the following
	language:
	WARNING
	UNDER TEXAS LAW (CHAPTER 75A, CIVIL
	PRACTICE AND REMEDIES CODE), AN AGRITOURISM
	ENTITY IS NOT LIABLE FOR ANY INJURY TO OR
	DEATH OF AN AGRITOURISM PARTICIPANT
	RESULTING FROM AN AGRITOURISM ACTIVITY.
	Sec. 75A.004.  SIGNED AGREEMENT AND WARNING. For the
	purposes of limitation of liability under Section 75A.002(a)(2), a
	written agreement and warning statement is considered effective and
	enforceable if it:
	(1)  is signed before the agritourism participant
	participates in an agritourism activity;
	(2)  is signed by the agritourism participant or, if
	the agritourism participant is a minor, the agritourism
	participant's parent, managing conservator, or guardian;
	(3)  is in a document separate from any other agreement
	between the agritourism participant and the agritourism entity
	other than a different warning, consent, or assumption of risk
	statement;
	(4)  is printed in not less than 10-point bold type; and
	(5)  contains the following language:
	AGREEMENT AND WARNING
	I UNDERSTAND AND ACKNOWLEDGE THAT AN
	AGRITOURISM ENTITY IS NOT LIABLE FOR ANY
	INJURY TO OR DEATH OF AN AGRITOURISM
	PARTICIPANT RESULTING FROM AGRITOURISM
	ACTIVITIES. I UNDERSTAND THAT I HAVE
	ACCEPTED ALL RISK OF INJURY, DEATH,
	PROPERTY DAMAGE, AND OTHER LOSS THAT MAY
	RESULT FROM AGRITOURISM ACTIVITIES.
	SECTION 2.  The change in law made by this Act applies only
	to a cause of action that accrues on or after the effective date of
	this Act. A cause of action that accrues before the effective date
	of this Act is governed by the law in effect immediately before the
	effective date of this Act, and that law is continued in effect for
	that purpose.
	SECTION 3.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 610 passed the Senate on
	March 19, 2015, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 28, 2015, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 610 passed the House, with
	amendment, on May 22, 2015, by the following vote: Yeas 140,
	Nays 0, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor