Howdy all, should have got this up immediately but here it is. Please support this Bill and write to your politicians if you believe in our mission of promoting GA in Texas, specifically West Texas where backcountry strips abound. If we can accomplish what many other states already have, and add recreational aviation to the Recreational Use Statute here in TX, the liability of the land owners would be drastically limited and many strips would be opened to the public!!!

There are ten private backcountry strips for every one listed on the charts in this region, if not more than that. Just around our ranch (5TE1 on sectional) within a 10-20 minute flight, there are over 20 strips that I know of not listed. If you haven't been out this way, Far West Texas (Big Bend) is one of the really unique and amazingly beautiful places on planet earth. Empty skies, mountains, and dry riverbeds just waiting to be explored. In order to open up this vast aviation resource, we need to get this bill passed, please pass this on to anyone who might be interested.

Thanks,
Skalywag

The following text is quoted from an email I received from our Local EAA President and Presidio County airport manager Chase Snodgrass.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Ladies and Gentlemen of Texans for General Aviation and the Texas General Aviation Caucus:



As an advocate of aviation, tourism, and economic development for Texas and more personally for the Big Bend Region of Texas, I implore your assistance. Please advance legislation that will encourage Texas landowners to make their private airstrips available to others for the purpose of recreation by rightfully limiting civil liability. Several states have already enacted such laws to good effect, and are enjoying enormous benefits. Pilots and aircraft owners from all over the United States and beyond our borders are continually seeking enjoyable destinations to visit using their personal aircraft. Texas has vast natural attractions and resources that appeal to large numbers of recreational flyers. Many of our landowners would be willing to welcome and invite fly-in guests to use their private airstrips, were it not for reasonable fear of unreasonable litigation in the event of a mishap. In my estimation everybody wins and there are no losers with this proposal.



Following are excerpts from two such aviation specific recreational use statutes in states whose citizens have enjoyed great benefit from the laws.



ALASKA



Sec. 09.65.093. Civil liability relating to aircraft runways, airfields, and landing areas.

(a) Except as provided in (c) of this section, a person who without compensation owns, operates, constructs, maintains, or repairs an aircraft runway, airfield, or landing area may not be held civilly liable, except for an act or omission that constitutes gross negligence or recklessness or intentional misconduct, for the injury to or death of a person or for damage to an aircraft, resulting from the use of the runway, airfield, or landing area to take off, land, park, or operate an aircraft.

(b) [Repealed, Sec. 2 ch 3 SLA 2008].

(c) The immunity from civil liability under (a) of this section does not limit the liability of an owner or operator of an aircraft runway, airfield, or landing area to a provider of flight services or its passengers under contract with the owner or operator.





IDAHO



§ 36-1604. Limitation of liability of landowner



(a) Statement of Purpose. The purpose of this section is to encourage owners of land to make

land, airstrips and water areas available to the public without charge for recreational purposes by limiting their liability toward persons entering thereon for such purposes.

(b) Definitions. As used in this section:

1. "Airstrips" means either improved or unimproved landing areas used by pilots to land, park, take off, unload, load and taxi aircraft. Airstrips shall not include landing areas which are or may become eligible to receive federal funding pursuant to the federal airport and airway improvement act of 1982 and subsequent amendments thereto.

2. "Land" means private or public land, roads, airstrips, trails, water,

watercourses, irrigation dams, water control structures, headgates, private

or public ways and buildings, structures, and machinery or equipment

when attached to or used on the realty.

3. "Owner" means the possessor of a fee interest, a tenant, lessee, occupant

or person in control of the premises.

4. "Recreational purposes" includes, but is not limited to, any of the

following activities or any combination thereof: hunting, fishing,

swimming, boating, rafting, tubing, camping, picnicking, hiking, pleasure

driving, the flying of aircraft, bicycling, running, playing on playground

equipment, skateboarding, athletic competition, nature study, water skiing,

animal riding, motorcycling, snowmobiling, recreational vehicles, winter

sports, and viewing or enjoying historical, archeological, scenic,

geological or scientific sites, when done without charge of the owner.

(c) Owner Exempt from Warning. An owner of land owes no duty of care to keep the premises

safe for entry by others for recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes. Neither the installation of a sign or other form of warning of a dangerous condition, use, structure, or activity, nor any modification made for the purpose of improving the safety of others, nor the failure to maintain or keep in place any sign, other form of warning, or modification made to improve safety, shall create liability on the part of an owner of land where there is no other basis for such liability.

(d) Owner Assumes No Liability. An owner of land or equipment who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes does not thereby:

1. Extend any assurance that the premises are safe for any purpose.

2. Confer upon such person the legal status of an invitee or licensee to

whom a duty of care is owed.

3. Assume responsibility for or incur liability for any injury to person or

property caused by an act of omission of such persons.

(e) Provisions Apply to Leased Public Land. Unless otherwise agreed in writing, the provisions

of this section shall be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision thereof for recreational purposes.

(f) Provisions Apply to Land Subject to a Conservation Easement. Unless otherwise agreed in

writing, the provisions of this section shall be deemed applicable to the duties and liability of an owner of land subject to a conservation easement to any governmental entity or nonprofit organization.

(g) Owner Not Required to Keep Land Safe. Nothing in this section shall be construed to:

1. Create a duty of care or ground of liability for injury to persons or property.

2. Relieve any person using the land of another for recreational purposes

from any obligation which he may have in the absence of this section to

exercise care in his use of such land and in his activities thereon, or from

legal consequences or failure to employ such care.

3. Apply to any person or persons who for compensation permit the land

to be used for recreational purposes.

(h) User Liable for Damages. Any person using the land of another for recreational purposes,

with or without permission, shall be liable for any damage to property, livestock or crops which he

may cause while on said property.



------------------------------------end of sample legislation--------------------------------------



It is my request and sincere hope that you will catch the vision of this proposal and join this cause to promote aviation, tourism, and economic development for the betterment of Texas. We live in a society that sometimes has the habit of engaging in senseless liability lawsuits, and the step the proposed legislation will provide protects innocent landowners from such unfounded actions.



Please feel free to call upon me for assistance in this or any other aviation related matter.



Sincerely,



Chase Snodgrass

Presidio County Airports Manager

President, Big Bend EAA Chapter 1542

U.S.Border Patrol RETIRED

(832) 588-8888 cell

http://www.flybigbend.com

Maine passed this law 2 yrs ago, but not without a fight. Hunting, fishing, snowmobiles, atv were all covered by existing law, so aircraft was added. A lot of lawyers fought against it, most of them were in the legislature themselves, would make your blood boil listening to that bunch. They lost, I hope TX will allow it to pass as well.

Jim

Skalywag-

That is great news.... will put in my two cents. Would love to explore the Big Bend area! Speaking of Skywagons though.... maybe you can make it to Mineral Wells for the Texas Skywagon Roundup and tell the group about the flying in the Big Bend area... I'd love to hear it!

http://eagleflyingmuseum.org

5-7 April

gunny

Good deal! I hope it passes.

Here is more info about the Bill, HB2839.

The text is quoted from another email I got from Chase Snodgrass today. Presidio County has put forward a resolution in support of HB2839 as of yesterday March 26, which I am very excited to see!!! State Representative Frullo is responsible for introducing this Bill for all of us, please support him in this effort. The resolution was signed by our four county commisioners in Presidio County: Jim White III, Eloy Aranda, Lorenzo Hernandez, and Frank "Buddy" Knight. The resolution was also signed by our County Judge Paul Hunt.

I am unable to get the official document to paste on here for some reason, but its real fancy looking. I am cutting and pasting the document on here and for some reason it garbled much of the text. Did my best to clean it up...any misprints are a result of my lack of computer skills, not the document. If anyone would like to have a copy of the official document shoot me a PM with your email and I'll get it to you. If you think you could get your county to introduce a similar resolution please try and rally their support by at least getting a copy of this resolution on their desk.

-----------------------------------------------------------------------------------------------------

RESOLUTION

In Support of Adding Aviation Activities and Airstrips
to the Texas Recreational Use Statute

WHEREAS, Economic development is a primary goal of the Presidio County Airports and said
Airports are ready to service visitors from the reaches of the globe; and

WHEREAS, the people of Presidio County wish to preserve and share the natural beauty and history
of the mountains of west Texas, and to invite tourism and economic opportunities to our region; and

WHEREAS, Presidio County and the Big Bend Region of Texas have significant resources to offer
a unique and highly desirable experience to private air travelers through the creation of a network of
public and private airstrips; and

WHEREAS, many of the landowners of Presidio County would be willing to make their private
airstrips available to visitors for the purpose of recreation were it not for liability concerns; and

WHEREAS, the existing Texas Recreational Use Statute has proven beneficial through experience
and practice, and is now ripe for expansion to include aviation activities and airstrips; and

WHEREAS, several other states have enacted similar aviation recreational use statues and are
presently enjoying significant economic benefit from the same,

NOW THEREFORE BE IT RESOLVED that Presidio County Supports House Bill 2839 which
adds aviation activities and airstrips to the existing Civil Practice and Remedies Code, Title 4
Liability in Tort, Chapter 75 Limitation of Landowners' Liability. We implore our State
Representatives and Senators and the Governor to approve and enact this common sense legislation
without delay for the betterment of Presidio County and of Texas.

Adopted this 26th day of March, 2013.

Gunny, thanks for the invite, if I can break away from the ranch I will be there

Skalywag,

Got so excited I didn't read everything, sweet!!!

http://www.house.state.tx.us/members/find-your-representative/

Here is link that will get you to the actual bill.

http://www.legis.state.tx.us/tlodocs/83 ... navpanes=0

Also, we got the RAF on board too!!! Here is a copy of the email I just received from them. Really appreciate their support Please read at minimum where it mentions how many private airports could be opened to the public at the bottom of the email, that's right 1,643!!!!!! And this is just the charted private runways...Even if you don't live in TX you can write to members of the house supporting this Bill as this would be a huge opportunity for GA.

Barnstormer I saw you had asked how to specifically help other than contacting our Representatives and then edited with the link to find them. Appreciate the link, more than that there will be a commenting period where we can give testimonials to the House in Austin, TX. Chase Snodgrass is who I am getting all my info from and he is largely responsible for this happening, and I for one am super grateful. Anyway, he told me that these testimonials will be on very short notice, like two days, but I will drop everything and get up there to inform the house how important this is to my families livelihood as ranchers in the remote Big Bend. I will post as soon as I find out those dates.

West Texas is such an amazing place, and we have four runways on our ranch that I cannot give permission for folks to land on without exposing the ranch to massive liability? We are protected by the RUS for liability to take hunters running around with guns up and down canyons and on 1000' cliffs chasing sheep, mule deer, and quail, but we are totally liable for a PIC landing on our runway, such BS!!! If this goes through we will host an annual BCP fly-in

-----------------------------------------------------------------------------------------------------


Texas has a bill in the house (HB2839) to include aviation activities in its Recreational Use Statute (RUS). The RAF needs your help to get this bill passed into law. Please call or write your representative today to encourage he/she to support this bill.



Below are the facts about the bill.



Texas HB 2839:



Recreational Use Statute (RUS) Amendment to include Aviation Activities



The Texas Recreational Use Statute (RUS) was originally enacted in 1965 to limit the liability of Texas land

owners who allow others to use their land for hunting, fishing or camping. The TX RUS has been amended

many times over the years to expand the immunity and to broaden the scope of the law.



Texas House Bill 2839 would once again expand this immunity to provide tort liability protection for private

owners of public use aviation landing facilities by simply adding “aviation activities” to the existing RUS.

Owners of private airfields, which are utilized in the same recreational manner as other privately owned,

publicly consumed recreational areas, may be held liable for a pilot’s negligent activity at the airfield. With

this possibility present, many private airfield owners choose to limit their runway to their usage only.



Amending the statute does not change the “restricted” or “private” status of the airfield. Pilots must continue

to ask private airfield owners for permission to use their airstrips; however, with this statue in place, general

aviation’s reach across the backcountry areas of the State would be expanded. Private landowners are more

prone to allowing public access without fear of being held liable for incidents occurring on the airfield.



HB 2839 would offer more public use viable fields in case of inflight emergencies and would greatly expand

general aviation’s reach across the backcountry areas of the State by making it possible for those airfield

owners to open their facility to public use without fear of being held liable for incidents occurring on the

airfield. With the added liability protection afforded by HB2839, airfield owners will finally be able to

support the additional flights conducted by general aviation operators (agricultural applicators, medical

evacuation providers, law enforcement, and many small businesses), increasing Texas’ annual economic

impact within the State from its current $14.6 billion a year.



— general aviation alone accounts for $14.6 billion total annual economic impact.

— There are approximately 51,000 pilots and 32,000 aircraft based in the state.

— There are 2,039 registered airports and many more unregistered (all private-owned, private-use)

in Texas, of which: -288 are public-owned, public-use airports, - 106 private-owned airports are currently opened for public usage,

- Two (2) airports are military joint use (Wichita falls and killeen), and

-1,643 are private-owned, private-use airports.

This is the number of potential airports that could be opened up if HB 2839 is passed.



The RAF needs your help to get this bill passed. Please call or write your representative today to encourage he/she to support this bill.

Recreational Aviation Foundation
1711 West College Street
Bozeman, MT 59715-4913
United States
406-582-1RAF (406-582-1723)
theraf.org

Nice work, guys!

Excellent work! I put together an email with Skalywag's summary and the links.... we should send it to all and sundry to gen up support for this bill! I'm sending it out.

If you'd like one sent to you, just pm me!

gunny

Thats great, thanks Gunny!

According to the RAF website, 19 other states have passed similar bills:

Alaska
Arizona
Arkansas
Idaho
Kansas
Maine
Massachusetts
Minnesota
Montana
New Hampshire
New Mexico
Pennsylvania
South Dakota
Tennessee
Utah
Vermont
Virginia
Washington
Wyoming

I'd say that is quite a precedent, and also very encouraging for our type of flying. I know alot of you guys have been there and done that in aviation already, but this is a big deal particularly for us young folks who have just started exploring the vast opportunity that exists for private pilots with bush planes. These are the freedoms our grandfathers fought and died for, not something to be taken lightly or allowed to be taken away due to the litigious society that exists today.

Here is a link to the RAF's site that outline's exactly what the Recreational Use Statute (RUS) is and how it works,

http://theraf.org/menu/recreational-use-statutes

Let's think positive and go ahead and plan that annual fly in!
Got my fingers crossed and email sent. Your area is definetly the best flying in the state!

Just got the report that the hearing for HB 2839 is going to be this coming Monday April 8. Here's a copy of the email I just received, with a link to the House website listing the hearing date and time. If you are able please drop in and give your support.

-----------------------------------------------------------------------------------------------------

http://www.house.state.tx.us/schedules/ ... eCode=C330



The committee hearing for HB2839, the Texas Aviation Recreational Use Statute (RUS), is scheduled for Monday at 2:00pm or upon adjournment. The word on the street is that the hearing may not actually happen until around 4:00pm.



The more pilots and airstrip owners that can be present in Austin, the better. Your presence does not mean you agree to testify, although you may have that option if you so desire. Those who travel to Austin may "drop a card" which, as I understand it, is a slang term for signing in and expressing your support. Please consider participating in this process.



The addition of the words "aviation activities" and "airstrips" to the existing RUS will provide improved recreational opportunities for pilots visiting the Big Bend and all of Texas. This clarification in the law will encourage owners of private airstrips to welcome visitors by limiting liability claims against the airstrip owner. The opportunities for improved economic development, emergency services, and public safety are significant.



Very Respectfully,

Chase Snodgrass
FAA Certified Flight Instructor
FAA Certified Airframe and Powerplant Mechanic
President, Experimental Aircraft Association Chapter 1542
Member, Experimental Aircraft Association# 529395
Member, Aircraft Owners and Pilots Association# 04442510
Presidio County Airports Manager
US Border Patrol - RETIRED
(832) 588-8888 cell

--
Fly safely and HAVE FUN!

I'd like to see Colorado get on that list pretty soon here. Go CORAC!

Hey guys, the hearing is tomorrow and I'm gonna be there to support the bill and give a testimony. Kinda nervous bout making a public speech, but I really believe in this and am gonna do my best to support it. There will be much more credible folks than myself there to give testimonies in support of HB 2839. Notably, the RAF is gonna have a speaker there, whose support I am very grateful for.

Anyways, here is a copy of the testimony I came up with. Still refining and trying to get more direct and to the point, but if any of y'all have comments, critiques, or suggestions I would appreciate the advice.

Thanks,

Skalywag

-----------------------------------------------------------------------------------------

Good Afternoon Representatives, my name is Luke " " and I am here today to support HB 2839.

I am a private pilot, hunting guide, and manager of my families ranch in remote West Texas. Our ranch is located on the northern border of Big Bend Ranch State Park, in the Bofecillos Mountains.

Our family ranch has four gravel runways, which I personally maintain. We would very much like to allow the public access to our private strips. However, we currently do not give permission for pilots to land on our runways in fear of liability for accidents, incidents, or mishaps (all of which are beyond our control) that could occur on our runways or taxiways.

Currently, Texas’ RUS protects landowners for most of the recreational activities that ranchers may offer. The RUS shelters us from liability for our hunters that chase deer, sheep, and quail up and down canyons, along mountain cliffs, while armed with lethal weapons.

However, when it comes to recreational aviators wishing to visit our ranch via the use of our runways, we could expose the ranch to major liability if we give pilot’s permission to land. As a pilot myself, I am very aware of the strict regulations, intensive training, and currency checks that must be satisfied in order to enjoy the privilege of operating as Pilot in Command. The privilege to operate as PIC is only authorized by the FAA after much training, testing, and verification of our flying skills, knowledge, and ability to use good judgment.

Private Pilot’s must pass a medical examination every 5 years if under 40 years of age, and every 2 years if over 40. All pilots must successfully complete a flight review, with a certified flight instructor, every 2 years. In this review, pilots must consistently exhibit satisfactory judgment and decision-making skills, pre-flight planning and research skills, control of the aircraft, knowledge of regulations, specific maneuvers, and other skills clearly outlined by a checklist mandated by the FAA. There are other, shorter-term currency requirements, which further regulate a pilot’s legal ability to carry passengers.

I am unaware of any other civilian operators in the United States that are required, by law, to maintain such a high level of skill, knowledge, and health as are private pilot’s. As such, pilots are well aware that we are accountable for our own errors. It is unthinkable that the owners of a private runway may rightfully be held accountable for the mistakes of others; whether those mistakes originate with a pilot, aircraft manufacturer, mechanic, fuel supplier, or whomever.

Thus, it seems very common sense, that a PIC is responsible for his or her own actions when we operate our aircraft. For the owner of a private runway to be held liable for anything other than gross negligence, or willful misconduct, is unfair and unjust.

If HB 2839 is passed, my family will open our private runways to the recreational aviators from Texas and beyond. If HB 2839 does not pass, we will not allow pilots to land on our private runways; due to unfair and unjust exposure to liability in the event of a pilots incident, accident, or mishap on our private runways/taxiways.

Thank you for your time, I appreciate the opportunity to speak in support of HB 2839.

Luke, that is outstanding. Thanks for bringing this to our attention and coming to Austin in support of this.

Good luck buddy!! Tell those bottom feeding trial lawyers took suck a big one man!! Biggest loss of most of our freedoms and fun today due to them. If I offend anyone with that, then I want to not apologize up front. Hopefully a victory for freedom, common sense, and pilots today!

Well here's how it went...Arrived at the Capitol about 1PM, as the earliest anything was gonna happen was at 2PM. Met up with the group of supporters of this bill. We went around and spoke to the different offices of the members involved on this first committee about the bill, and most seemed receptive.

Then came the actual committee hearing, sat in a chair and listened to a massive amount of dribble about lawyer jargon and forms for 5 hours before they finally got to our bill, which was almost last at about 8PM. They do not tell you when your bill will be up so you have to sit there and wait hoping yours is next.

So when they got to us, the mood seemed to totally change and notably one of the Representatives seemed to be attacking the first three pilots/runway owners as if we were trying to set up pilots for disaster. They were very confused, it seemed, about what Recreational Aviation is. The VP of the Skywagon club gave a good testimony as a pilot and private runway owner. A pilot/representative of the Spicewood Airport also made some good points. I gave my testimony, answered a couple questions, and tried to further on some of the questions they had hit the first three pilots/runway owners with.

Next up came our opposition, the Texas Trial lawyers Association. Basically, they tried to make the point that this bill would have unintended consequences and would somehow include commercial operations, which is false if you actually read the bill? Next was another lawyer, an Aviation lawyer who claimed to be a very experienced pilot, he was staunchly opposed to the bill. This man made it sound like pilots just land no matter what once they get somewhere and since ATC is not there to tell us what to do we will land our twin engine aircraft unaware of the condition of the washed out runways. Also, he made the point that since we always go to backcountry strips with as much fuel as possible, in the event of an accident, we will turn into a ball of flames killing innocent passengers. That was his big point, that innocent passengers would be totally abandoned by this bill. He went on to explain how insurance does not cover pilot's for backcountry flying and that passengers would be left hanging by no insurance to cover medical expenses, etc. Personally, my insurance covers off-airport landings and I have that clearly written in my policy. No matter where I land I am covered, don't matter if its an airport, the grass safety area along a runway, or a gravel bar in a river.

Thankfully, AOPA was there and had two wonderful women that were super helpful, informed, and 100% supportive. One of them spoke next and covered all the points the lawyers had just misinformed upon. Overall, I was very impressed with AOPA and their representatives testimony. After her, Chase Snodgrass talked about West Texas, backcountry flying and his experience as a pilot for the border patrol landing on backcountry strips in cubs. He made many valid points and was our last testimony.

Representative Frullo from Lubbock, TX is our Rep. who introduced this bill, he opened and closed the Testimony and made excellent points about the bill. At the closing, the one representative who really seemed against the bill told him how this bill affected public safety and that was a really big deal to him. He went on to say that in his 18-19 years there public safety issues are always the touchiest and he was gonna take this very seriously. Frullo was great and very humble, much thanks needs to go out to him for introducing this bill for us.

Unfortunately, although a few of us were members of the RAF, there was NO Representative from the RAF to speak in support of this bill. Guess that was us haha. Feeling kinda abandoned and confused about why they were so involved in all these other states but we got left hanging Hopefully, this bill will make it past the committee and they will show up for the next round in support of the bill.

So this was only phase one. If this bill makes it past the committee it has to next pass the house, then has to pass the Senate, then finally must be signed by the Governor. All of this will happen in the next 6 weeks and if we don't push it through we have to wait 2 more years for the next legislative session. If you believe in this bill please flood our Representatives offices with phone calls and letters. I was told that phone calls make the biggest difference and that is the best way to hammer these bills through

Please contact your representatives and spread the word. They need to be hearing from us and need to understand what recreational aviation is and how important this is to pilots like us, and that we are fully responsible for our own actions

Luke, thanks for taking the time to be there, and then reporting back. Very much appreciated. I will continue to spread the word.

Thanks for keeping us up to date!