87R3749 AJA-F
By: Cyrier H.B. No. 1478
A BILL TO BE ENTITLED
AN ACT
relating to liability of a recreational vehicle park or campground
entity for injuries arising from certain activities.
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 75B to read as follows:
CHAPTER 75B. LIMITED LIABILITY FOR RECREATIONAL VEHICLE PARK AND
CAMPGROUND ACTIVITIES
Sec. 75B.001. DEFINITIONS. In this chapter:
(1) "Campground" means a commercial property designed
to provide cabins for transient guest use or areas for locating
recreational vehicles or tents for transient guest use.
(2) "Campground entity" means a person engaged in the
business of owning or operating a campground.
(3) "Recreational vehicle park" has the meaning
assigned by Section 13.087, Water Code.
(4) "Recreational vehicle park entity" means a person
engaged in the business of owning or operating a recreational
vehicle park.
(5) "Recreational vehicle park or campground
activity" means an activity at a recreational vehicle park or
campground for recreational or educational purposes.
(6) "Recreational vehicle park or campground
participant" means an individual, other than an employee of a
recreational vehicle park or campground entity, who engages in a
recreational vehicle park or campground activity.
(7) "Recreational vehicle park or campground
participant injury" means an injury sustained by a recreational
vehicle park or campground participant, including bodily injury,
emotional distress, death, property damage, or any other loss
arising from the person's conduct of or participation in a
recreational vehicle park or campground activity.
Sec. 75B.002. LIMITED LIABILITY. (a) Except as provided
by Subsection (b), a recreational vehicle park or campground entity
is not liable to any person for a recreational vehicle park or
campground participant injury or damages arising out of a
recreational vehicle park or campground participant injury if, at
the time of the recreational vehicle park or campground activity
from which the injury arises, the warning prescribed by Section
75B.003 was posted in accordance with that section.
(b) This section does not limit liability for an injury:
(1) proximately caused by:
(A) the recreational vehicle park or campground
entity's negligence evidencing a disregard for the safety of the
recreational vehicle park or campground participant;
(B) a potentially dangerous condition on the
land, facilities, or equipment used in the activity, of which the
recreational vehicle park or campground entity had actual knowledge
or reasonably should have known; or
(C) the recreational vehicle park or campground
entity's failure to train or improper training of an employee of the
recreational vehicle park or campground entity actively involved in
a recreational vehicle park or campground activity; or
(2) intentionally caused by the recreational vehicle
park or campground entity.
(c) A limitation on liability provided by this section to a
recreational vehicle park or campground entity is in addition to
other limitations of liability.
Sec. 75B.003. POSTED WARNING. For the purposes of
limitation of liability under Section 75B.002(a), a recreational
vehicle park or campground entity must post and maintain a sign in a
clearly visible location on or near the recreational vehicle park
or campground. The sign must contain the following language:
WARNING
UNDER TEXAS LAW (CHAPTER 75B, CIVIL PRACTICE AND REMEDIES CODE), A
RECREATIONAL VEHICLE PARK OR CAMPGROUND ENTITY IS NOT LIABLE FOR
ANY INJURY TO OR DEATH OF A RECREATIONAL VEHICLE PARK OR CAMPGROUND
PARTICIPANT RESULTING FROM A RECREATIONAL VEHICLE PARK OR
CAMPGROUND ACTIVITY.
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.
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, 2021.