Statutes and Ranches

Originally published by David Coale.

The question in Waak v. Amparo was whether the Texas Farm Liability Act applies to ranch hands. The 6-Justice majority opinion, written by Chief Justice Hecht, reviewed the history of the Act and concluded that it did not:

“Ranch hands do not work as amateurs or professionals, they certainly do not pay to do their work, and they ordinarily do not work for free. Ranch hands have none of the characteristics the Farm Animal Act lists for ‘participants’. Ranchers, as such, are not farm animal activity organizers, facilities providers, trainers, equipment renters, and showmen. They have none of the qualities the Act lists for those it protects. Thus, we conclude that the Farm Animal Act does not cover ranchers and ranch hands . . .“

Justice Blacklock, joined by Justice Boyd, dissented: “If the Legislature wants the Act to have a narrower scope, it can amend the law. We should not attempt to remedy a perceived disconnect between a broadly worded statute and the narrow concerns presumed to have motivated its enactment. That is a legislative function. We should apply the words of the law exactly as written.” No. 19-0167 (June 12, 2020). Justice Bland did not participate in the case.

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