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A BILL TO BE ENTITLED
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AN ACT
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relating to limiting the liability of certain persons for farm |
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animal activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 87, Civil Practice and |
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Remedies Code, is amended to read as follows: |
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CHAPTER 87. LIABILITY ARISING FROM FARM ANIMAL |
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[EQUINE] ACTIVITIES OR LIVESTOCK SHOWS
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SECTION 2. Section 87.001, Civil Practice and Remedies |
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Code, is amended by amending Subdivisions (1), (3) through (6), and |
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(9) and adding Subdivision (2-a) to read as follows: |
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(1) "Engages in a farm animal [an equine] activity"
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means riding, handling, training, driving, assisting in the medical |
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treatment of, being a passenger on, or assisting a participant or |
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sponsor with a farm [an equine] animal. The term includes
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management of a show involving farm [equine] animals. The term does
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not include being a spectator at a farm animal [an equine] activity
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unless the spectator is in an unauthorized area and in immediate |
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proximity to the farm animal [equine] activity.
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(2-a) "Farm animal" means: |
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(A) an equine animal; |
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(B) a cow, bull, ox, or other bovine; |
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(C) a sheep or goat; |
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(D) a pig or hog; |
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(E) a ratite, including an ostrich, rhea, or emu; |
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or |
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(F) a chicken or other fowl. |
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(3) "Farm animal ["Equine] activity" means:
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(A) a farm [an equine] animal show, fair,
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competition, performance, rodeo, event, or parade that involves any
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farm animal [breed of equine animal and any equine discipline, |
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including dressage, hunter and jumper horse shows, grand prix |
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jumping, three-day events, combined training, driving, pulling, |
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cutting, polo, steeplechasing, English and Western performance |
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riding, endurance trail riding and Western games, and hunting];
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(B) [equine] training or teaching activities
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involving a farm animal;
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(C) boarding a farm animal, including daily care
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[equine animals];
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(D) riding, inspecting, or evaluating a farm [an |
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equine] animal belonging to another, without regard to whether the
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owner receives monetary consideration or other thing of value for |
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the use of the farm [equine] animal or permits a prospective
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purchaser of the farm [equine] animal to ride, inspect, or evaluate
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the farm [equine] animal;
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(E) informal farm animal [equine] activity,
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including a ride, trip, or hunt that is sponsored by a farm animal
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[an equine] activity sponsor;
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(F) placing or replacing horseshoes on an equine |
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animal; [or]
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(G) examining or administering medical treatment |
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to a farm animal by a veterinarian; or |
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(H) without regard to whether the participants
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are compensated, rodeos and single event competitions, including |
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team roping, calf roping, and single steer roping. |
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(4) "Farm animal ["Equine] activity sponsor" means:
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(A) a person or group who sponsors, organizes, or |
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provides the facilities for a farm animal [an equine] activity,
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including [equine] facilities for a pony club, 4-H club, hunt club,
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riding club, therapeutic riding program, or high school or college |
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class, program, or activity, without regard to whether the person |
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operates for profit; or |
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(B) an operator of, instructor at, or promoter |
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for [equine] facilities, including a stable, clubhouse, pony ride
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string, fair, or arena at which a farm animal [an equine] activity
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is held. |
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(5) "Farm animal ["Equine] professional" means a
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person engaged for compensation: |
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(A) to instruct a participant or rent to a |
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participant a farm [an equine] animal for the purpose of riding,
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driving, or being a passenger on the farm [equine] animal; [or]
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(B) to rent equipment or tack to a participant; |
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(C) to examine or administer medical treatment to |
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a farm animal as a veterinarian; or |
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(D) to provide veterinarian or farrier services.
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(6) "Livestock animal" means: |
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(A) an animal raised for human consumption; or |
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(B) a farm [an equine] animal.
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(9) "Participant" means: |
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(A) with respect to a farm animal [an equine]
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activity, a person who engages in the activity, without regard to |
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whether the person is an amateur or professional or whether the |
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person pays for the activity or participates in the activity for |
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free; and |
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(B) with respect to a livestock show, a person |
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who registers for and is allowed by a livestock show sponsor to |
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compete in a livestock show by showing an animal on a competitive |
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basis, or a person who assists that person. |
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SECTION 3. Section 87.003, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 87.003. LIMITATION ON LIABILITY. Except as provided |
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by Section 87.004, any person, including a farm animal [an equine]
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activity sponsor, farm animal [equine] professional, livestock
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show participant, or livestock show sponsor, is not liable for |
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property damage or damages arising from the personal injury or |
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death of a participant in a farm animal [an equine] activity or
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livestock show if the property damage, injury, or death results |
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from the dangers or conditions that are an inherent risk of a farm |
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animal [an equine] activity or the showing of an animal on a
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competitive basis in a livestock show, including: |
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(1) the propensity of a farm animal [an equine] or
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livestock animal to behave in ways that may result in personal |
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injury or death to a person on or around it; |
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(2) the unpredictability of a farm animal's [an |
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equine] or livestock animal's reaction to sound, a sudden movement,
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or an unfamiliar object, person, or other animal; |
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(3) with respect to farm animal [equine] activities
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involving equine animals, certain land conditions and hazards,
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including surface and subsurface conditions; |
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(4) a collision with another animal or an object; or |
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(5) the potential of a participant to act in a |
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negligent manner that may contribute to injury to the participant |
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or another, including failing to maintain control over a farm |
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animal [the equine] or livestock animal or not acting within the
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participant's ability. |
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SECTION 4. Section 87.004, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 87.004. EXCEPTIONS TO LIMITATION ON LIABILITY. A |
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person, including a farm animal [an equine] activity sponsor, farm |
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animal [equine] professional, livestock show participant, or
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livestock show sponsor, is liable for property damage or damages |
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arising from the personal injury or death caused by a participant in |
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a farm animal [an equine] activity or livestock show if:
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(1) the injury or death was caused by faulty equipment |
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or tack used in the farm animal [equine] activity or livestock show,
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the person provided the equipment or tack, and the person knew or |
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should have known that the equipment or tack was faulty; |
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(2) the person provided the farm animal [equine] or
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livestock animal and the person did not make a reasonable and |
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prudent effort to determine the ability of the participant to |
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engage safely in the farm animal [equine] activity or livestock
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show and determine the ability of the participant to safely manage |
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the farm animal [equine] or livestock animal, taking into account
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the participant's representations of ability; |
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(3) the injury or death was caused by a dangerous |
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latent condition of land for which warning signs, written notices, |
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or verbal warnings were not conspicuously posted or provided to the |
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participant, and the land was owned, leased, or otherwise under the |
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control of the person at the time of the injury or death and the |
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person knew of the dangerous latent condition; |
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(4) the person committed an act or omission with |
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wilful or wanton disregard for the safety of the participant and |
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that act or omission caused the injury; |
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(5) the person intentionally caused the property |
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damage, injury, or death; or |
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(6) with respect to a livestock show, the injury or |
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death occurred as a result of an activity connected with the |
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livestock show and the person invited or otherwise allowed the |
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injured or deceased person to participate in the activity and the |
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injured or deceased person was not a participant as defined by |
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Section 87.001(9)(B). |
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SECTION 5. Subsections (a), (b), and (c), Section 87.005, |
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Civil Practice and Remedies Code, are amended to read as follows: |
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(a) A farm animal [An equine] professional shall post and
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maintain a sign that contains the warning contained in Subsection |
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(c) if the professional manages or controls a stable, corral, or |
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arena where the professional conducts a farm animal [an equine]
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activity. The professional must post the sign in a clearly visible |
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location on or near the stable, corral, or arena. |
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(b) A farm animal [An equine] professional shall include the
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warning contained in Subsection (c) in every written contract that |
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the professional enters into with a participant for professional |
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services, instruction, or the rental of equipment or tack or a farm
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[an equine] animal. The warning must be included without regard to
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whether the contract involves farm animal [equine] activities on or
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off the location or site of the business of the farm animal [equine]
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professional. The warning must be clearly readable. |
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(c) The warning posted by a farm animal [an equine]
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professional under this section must be as follows: |
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WARNING |
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UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES |
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CODE), A FARM ANIMAL [AN EQUINE] PROFESSIONAL IS NOT
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LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN |
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FARM ANIMAL [EQUINE] ACTIVITIES RESULTING FROM THE
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INHERENT RISKS OF FARM ANIMAL [EQUINE] ACTIVITIES.
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SECTION 6. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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* * * * * |