Texas 2021 - 87th Regular

Texas House Bill HB1478 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R3749 AJA-F
2		-	By: Cyrier~~, White~~ H.B. No. 1478
	2	+	By: Cyrier H.B. No. 1478
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to liability of a recreational vehicle park or campground
8	8		entity for injuries arising from certain activities.
9	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10		SECTION 1. Title 4, Civil Practice and Remedies Code, is
11	11		amended by adding Chapter 75B to read as follows:
12	12		CHAPTER 75B. LIMITED LIABILITY FOR RECREATIONAL VEHICLE PARK AND
13	13		CAMPGROUND ACTIVITIES
14	14		Sec. 75B.001. DEFINITIONS. In this chapter:
15	15		(1) "Campground" means a commercial property designed
16	16		to provide cabins for transient guest use or areas for locating
17	17		recreational vehicles or tents for transient guest use.
18	18		(2) "Campground entity" means a person engaged in the
19	19		business of owning or operating a campground.
20	20		(3) "Recreational vehicle park" has the meaning
21	21		assigned by Section 13.087, Water Code.
22	22		(4) "Recreational vehicle park entity" means a person
23	23		engaged in the business of owning or operating a recreational
24	24		vehicle park.
25	25		(5) "Recreational vehicle park or campground
26	26		activity" means an activity at a recreational vehicle park or
27	27		campground for recreational or educational purposes.
28	28		(6) "Recreational vehicle park or campground
29	29		participant" means an individual, other than an employee of a
30	30		recreational vehicle park or campground entity, who engages in a
31	31		recreational vehicle park or campground activity.
32	32		(7) "Recreational vehicle park or campground
33	33		participant injury" means an injury sustained by a recreational
34	34		vehicle park or campground participant, including bodily injury,
35	35		emotional distress, death, property damage, or any other loss
36	36		arising from the person's conduct of or participation in a
37	37		recreational vehicle park or campground activity.
38	38		Sec. 75B.002. LIMITED LIABILITY. (a) Except as provided
39	39		by Subsection (b), a recreational vehicle park or campground entity
40	40		is not liable to any person for a recreational vehicle park or
41	41		campground participant injury or damages arising out of a
42	42		recreational vehicle park or campground participant injury if, at
43	43		the time of the recreational vehicle park or campground activity
44	44		from which the injury arises, the warning prescribed by Section
45	45		75B.003 was posted in accordance with that section.
46	46		(b) This section does not limit liability for an injury:
47	47		(1) proximately caused by:
48	48		(A) the recreational vehicle park or campground
49	49		entity's negligence evidencing a disregard for the safety of the
50	50		recreational vehicle park or campground participant;
51	51		(B) a potentially dangerous condition on the
52	52		land, facilities, or equipment used in the activity, of which the
53	53		recreational vehicle park or campground entity had actual knowledge
54	54		or reasonably should have known; or
55	55		(C) the recreational vehicle park or campground
56	56		entity's failure to train or improper training of an employee of the
57	57		recreational vehicle park or campground entity actively involved in
58	58		a recreational vehicle park or campground activity; or
59	59		(2) intentionally caused by the recreational vehicle
60	60		park or campground entity.
61	61		(c) A limitation on liability provided by this section to a
62	62		recreational vehicle park or campground entity is in addition to
63	63		other limitations of liability.
64	64		Sec. 75B.003. POSTED WARNING. For the purposes of
65	65		limitation of liability under Section 75B.002(a), a recreational
66	66		vehicle park or campground entity must post and maintain a sign in a
67	67		clearly visible location on or near the recreational vehicle park
68	68		or campground. The sign must contain the following language:
69	69		WARNING
70	70		UNDER TEXAS LAW (CHAPTER 75B, CIVIL PRACTICE AND REMEDIES CODE), A
71	71		RECREATIONAL VEHICLE PARK OR CAMPGROUND ENTITY IS NOT LIABLE FOR
72	72		ANY INJURY TO OR DEATH OF A RECREATIONAL VEHICLE PARK OR CAMPGROUND
73	73		PARTICIPANT RESULTING FROM A RECREATIONAL VEHICLE PARK OR
74	74		CAMPGROUND ACTIVITY.
75	75		SECTION 2. The change in law made by this Act applies only
76	76		to a cause of action that accrues on or after the effective date of
77	77		this Act.
78	78		SECTION 3. This Act takes effect immediately if it receives
79	79		a vote of two-thirds of all the members elected to each house, as
80	80		provided by Section 39, Article III, Texas Constitution. If this
81	81		Act does not receive the vote necessary for immediate effect, this
82	82		Act takes effect September 1, 2021.