According to Texas A&M AgriLife Extension Agriculture Law on September 1, 2021 all Farm Owner need to be aware of: The Texas Legislature has passed and Governor Abbott has signed House Bill 365, which will make important changes to the Texas Farm Animal Liability Act (FALA). All farm animal owners should pay careful attention to the changes coming to the FALA, which will modify the scope of application and will also require additional steps be taken by farm animal owners. Background The Texas Farm Animal Liability Act is a statute offering limited liability to farm animal owners if injuries are caused by an inherent risk to a farm animal activity. For example, when a person rides a horse, there is an inherent risk that person could get bucked off. Through the FALA, the Texas legislature intended to ensure the horse owner in this example would not be liable for resulting injuries. The statute was passed in 1995 and was amended in 2011 to expand the scope beyond just equine animals to all “farm animals.” In 2020, the Texas Supreme Court issued its opinion in Waak v. Rodriguez, a case involving an employee who was killed while moving a bull. The Court found that the FALA was inapplicable if the injured party was a “rancher or ranch hand.” The Court believed that the legislature intended the Act’s protections to apply only to situations such as “shows, rides, exhibitions, competitions, and the like.” This bill was designed to essentially modify the FALA to ensure that it does, in fact, apply to working ranches and in situations involving injured ranchers and ranch hands, among other changes. In other words, HB 365 would essentially undo the Texas Supreme Court’s verdict in the Waak case going forward. House Bill 365 was passed by the Legislature and signed into law by Governor Abbott on June 4, 2021. The new provisions of the Farm Animal Liability Act included in this bill will be effective as of September 1, 2021. There are a number of key changes made by HB 365 of which farm animal owners should be aware. Specifically, this bill would add language to ensure its application to working farms and ranches and in instances where a rancher or ranch hand is injured. The meaning of “farm animal activity” will now also include owning, raising, transporting, or pasturing a farm animal. Similarly, the definition also includes assisting in or providing animal health management activities, including vaccines, assisting in or conducting customary tasks on a farm concerning farm animals, and transporting or moving a farm animal. “Engages in a farm animal activity” will be modified to include feeding, vaccinating, exercising, weaning, transporting, producing, herding, corralling, branding, dehorning, assisting in or providing health management activities, and engaging in routine or customary activities on a farm to handle and manage farm animals. The bill also adds express language to a couple of additional definitions. It adds “farm owners or lessees” to the description of those protected throughout the bill, and includes a person who handles, buys, or sells livestock animals to the definition of “livestock producer.” Currently, the FALA defines a farm animal professional as a person engaged for compensation in instructing a participant or renting to a participant a farm animal for the purpose of riding, driving, or being a passenger on the farm animal; renting tack to the participant; examining or administering medical treatment to a farm animal as a veterinarian; and someone providing veterinary or farrier services–who would be required to hang the sign. Tex. Civ. Practice & Remedies Code § 87.001(5). HB 365 will expand the “farm animal professional” definition to add persons engaged for compensation in the following activities: “providing nonmedical care or treatment to a farm animal, including vaccinations; assisting in providing animal health management activities, including vaccination; providing care, feeding, and husbandry of farm animals; assisting or conducting customary tasks on a farm concerning farm animals; and transporting or moving livestock.” One of the most important changes for farm and ranch owners to be aware of has to do with the requirements that a sign be hung for farm animal professionals. The amendments will require farm animal professionals (which is more broadly defined, as noted above) as well as all farm owners or lessees to post and maintain a sign with statutory language per the Act’s requirements. Additionally, the same statutory language must be included in every written contract that a farm animal professional, owner, or lessee enters with a participant, employee, or independent contractor for professional services, instruction, or the rental of equipment or tack of a farm animal. The required language has been slightly modified by the new bill, and will read as follows effective September 1: WARNING UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL OR FARM OWNER OR LESSEE IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES, INCLUDING AN EMPLOYEE OR INDEPENDENT CONTRACTOR, RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES. This is critical for farm and ranch owners. Previously, farm and ranch owners and lessees were not required to hang the sign. Now, however, they will need to do so. Moreover, because the statutory language required for the sign has been changed (by including farm owners or lessees to the list of those protected and adding the language about independent contractors or employees), farm animal professionals and farm and ranch owners may want to obtain signs with this new language out of an abundance of caution. In an amendment that was added during the House committee process, the new FALA will expand “farm animal” to include “a honeybee kept in a managed colony.” This means that for beekeepers, the FALA’s protections will now be available for the first time. The bill will also alter the structure of the section titled “limitation on liability.” The changes will provide that all persons, including a farm owner or lessee, are not liable for damages or injury caused by the inherent risk of a farm animal, farm animal activity, showing of an animal at a livestock show, or the raising or handling of livestock on the farm. Additionally, there was a slight change to the list of inherent risks that will ensure it applies to injuries to a person on the animal, handling the animal, or otherwise around the animal. Previously, there had been disagreements in lower court opinions regarding whether the Farm Animal Liability Act applied to independent contractors and/or employees who were injured. As of September 1, the amended statute includes both independent contractors and employees in the definition of a “participant.” Thus, this defense is available even in situations with an injured employee or independent contractor. The passage of House Bill 365 makes important changes to the Texas Farm Animal Liability Act. In addition to expanding the scope of the Act to expressly cover working farms and ranches and to apply to cases involving injured employees and independent contractors, the Act will also require farm and ranch owners or lessees to hang a sign with the required statutory language. Visit our Tailspin Farms YouTube Channel . We would appreciate if you would like our videos and subscribe to our channel. Thank You! HAVE YOU SIGNED UP FOR OUR NEWSLETTER UPDATES? WE WOULD LOVE FOR YOU TO BE PART OF OUR TAILSPIN FARMS FAMILY AND RECEIVE OUR NEWS RIGHT IN YOUR INBOX. Thank you for joining us.
Also we would like to hear from you. Please feel free to leave a short note or a comment. Blessings, Margarita & Stace
0 Comments
Your comment will be posted after it is approved.
Leave a Reply. |
AuthorI'm Margarita. A Christian, Wife, mother of three, & grandmother "Mimi" of three. I create blog post about our life on the farm. Archives
April 2022
Categories
All
Farm/ Livestock Management Binder
$25.00
Farm / Livestock Management Binder In this binder you can log all your livestock needs and help you stay organized with all records. Such as: *Goats *Chickens *Horses *Medications *Purchases of Livestock *Sold Livestock Our Farm / Livestock Management Binder is 24 pages. Print our the pages, fill in your Livestock information and place in a binder of your choice. When all of your Livestock information is kept in one place it saves time in case of an emergency. Crochet Name Doilies
$25.00 - $50.00
Our crocheted name doily makes an excellent wedding or baby shower gift! Perfect for framing. Available in any color. Up tp 5 letters $25, 6-10 letters $35, 11-15 letters $50 Please let us know the name and preferred color when placing order Height is 4.5 -5.5 inches. Width depends on number of letters Since this doily is hand crafted it will be ready to ship in 7 -10 days. and 3-5 shipping. Thank you for shopping with us! Crochet Bottle Cozy
$10.00
Handmade Crochet Cozy’s are the cutest accessory to any bottle, can, cup. My husband inspired me to make the cozy’s. No one likes picking up their cold drink on a hot day only to realize that it is no longer cold. Preventing the water/rings from forming on tables and countertops. This prevents damage to your furniture. This Crochet Cozy will keep your hands from getting cold while you indulge in your favorite drink. Made with 100% Cotton yarn. Once you get one, you’ll start imagining Cozy’s for everything in your life. All Cozy’s make a great gift for literally anyone! Great for tailgates, pool parties, outdoor BBQ’s or anytime. If you don’t see one you love don’t hesitate to message me! I love creating new products.
* This listing fits most standard cans, bottles or takeout cups so make sure you pay attention to what listing you order from. If you don’t see the size you’re looking for, message me and I’ll create a new listing for you.
* Colors may vary due to stock so message me if you prefer something specific.
* Cozy’s are soft, absorbent, durable and so practical!
* Made from cotton yarn and are easily washable. Hand wash. Lay flat to dry.
Thank you for supporting my growing shop. Crochet Dishcloth / Washcloth
$5.00
Crocheted dishcloth / washcloth for washing dishes or soft enough to even wash your face or use on your baby. All dishcloths measure approximately 8 by 8 inches but since each is handmade, they may vary slightly. Made with different brands of 100% cotton yarn. Colors may vary slightly with each ball of cotton yarn. Wash cold. Wash separately if purchasing a dark colored dishcloth. Dry on low heat or hang to dry. Slight shrinkage can be expected. If you want more than I have in stock, you can message me, and I will check on my yarn availability. I am happy to do custom orders. Keep in mind dye lots can vary colors slightly. Crochet Cast Iron / Pan Handle Cover
$6.00
Crochet Cast Iron / Pan Handle Cover. I love cooking with cast iron. But I seem to always forget about that hot cast iron handle. Now it's a thing of the past since I've started using this crochet cast iron / pan handle covers. It’s like having a hot pad on the handle. Even during long cooking sessions, these handles hold up to the heat and keep your hands protected. That's because these cast iron / pan handle covers are made with 100% cotton yarn. They make great gifts for anyone who loves to cook with cast iron or any pan. 🌟 This listing is for 1 crochet cast iron handle cover. 🌟 Length: approx. 5" long Width: 2" at the widest point and 1.5" at the narrowest point MATERIAL: 100% USA Grown Cotton COLOR: Your choice I have many colors to choose from. If you don't see the color you're looking for, please send me a message. I probably have it or can get it for you. CARE INSTRUCTIONS: Machine wash or hand wash. Lay flat to dry. Thanks for checking out my shop! Crochet Cup Sleeve Cozy
$6.00
Pretty cup cozy for both hot and iced beverage cups. It will slide up over a standard size non handle travel cups or store-bought coffee cups. They are great at protecting hands from the heat and cold of the travel mug/cup. *100% cotton yarn. * Colors may vary due to stock so message me if you prefer something specific. *Machine washable and dryer safe on low heat. *All Cozy’s make a great gift for literally anyone! *If you don’t see one you love don’t hesitate to message me! I love creating new products. Thank you for visiting our store. On Sale On Sale Crochet Star Baby Blanket
$65.00
$55.00
Only a few left! Handmade with love! This star-shaped crochet blanket is perfect for that new little baby in your life! Perfect for baby showers or newborn gifts. It measures 50 inches from point to point. The yarn is yellow and white acrylic, which makes for easy washing! *If you would like a different color or size, please contact me. Yarn is machine washable. Wash on gentle cycle and lay flat to dry for best results. Thanks for visiting my shop! Crochet Flower Coaster Set
$10.00
Crochet coaters set of 4. Coaters are hand crocheted. Perfect for holding your drinks while being a beautiful accent to any living room, dining room, or kitchen counter. Make great gifts or birthdays, anniversaries, wedding gifts.... * Colors may vary due to stock so message me if you prefer something specific. *If you don’t see one you love don’t hesitate to message me! I love creating new products. Care: they are machine washable for a warm water and lay flat to dry. Do not iron. Thank you for supporting my growing shop. Gardening In the South
$20.00
Gardening In the South E-Book Learn about Gardening in South Texas Zone 8 In our e-book we cover Fruit trees, Perennials & Pollinator, Garden checklist, What months to plant. Your files will be available to download once payment is confirmed. I don't accept returns, exchanges, or cancellations. But please contact me if you have any problems with your order. Thank you for shopping with us! Margarita |
Handcrafted items made with love.
Farm / Homesteading eBooks Faith eBooks Goats when available |
New items coming soon.
|
Tailspin Farms
2273 FM 1681 Stockdale, Texas 78160 |
210-771-7205
Email - mcgoats@tspinfarms.com |