Texas 2023 - 88th Regular

Texas House Bill HB2636 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 2636
2	2
3	3
4	4	AN ACT
5	5	relating to liability of a recreational vehicle park or campground
6	6	entity for injuries arising from certain activities.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Title 4, Civil Practice and Remedies Code, is
9	9	amended by adding Chapter 75B to read as follows:
10	10	CHAPTER 75B. LIMITED LIABILITY FOR RECREATIONAL VEHICLE PARK AND
11	11	CAMPGROUND ACTIVITIES
12	12	Sec. 75B.001. DEFINITIONS. In this chapter:
13	13	(1) "Campground" means a commercial property designed
14	14	to provide cabins for transient guest use or areas for locating
15	15	recreational vehicles or tents for transient guest use.
16	16	(2) "Campground entity" means a person engaged in the
17	17	business of owning or operating a campground.
18	18	(3) "Recreational vehicle park" has the meaning
19	19	assigned by Section 13.087, Water Code.
20	20	(4) "Recreational vehicle park entity" means a person
21	21	engaged in the business of owning or operating a recreational
22	22	vehicle park.
23	23	(5) "Recreational vehicle park or campground
24	24	activity" means an activity at a recreational vehicle park or
25	25	campground for recreational or educational purposes.
26	26	(6) "Recreational vehicle park or campground
27	27	participant" means an individual, other than an employee of a
28	28	recreational vehicle park or campground entity, who engages in a
29	29	recreational vehicle park or campground activity.
30	30	(7) "Recreational vehicle park or campground
31	31	participant injury" means an injury sustained by a recreational
32	32	vehicle park or campground participant, including bodily injury,
33	33	emotional distress, death, property damage, or any other loss
34	34	arising from the person's conduct of or participation in a
35	35	recreational vehicle park or campground activity.
36	36	Sec. 75B.002. LIMITED LIABILITY. (a) Except as provided
37	37	by Subsection (b), a recreational vehicle park or campground entity
38	38	is not liable to any person for a recreational vehicle park or
39	39	campground participant injury or damages arising out of a
40	40	recreational vehicle park or campground participant injury if, at
41	41	the time of the recreational vehicle park or campground activity
42	42	from which the injury arises, the warning prescribed by Section
43	43	75B.003 was posted in accordance with that section.
44	44	(b) This section does not limit liability for an injury:
45	45	(1) proximately caused by:
46	46	(A) the recreational vehicle park or campground
47	47	entity's negligence with regard to the safety of the recreational
48	48	vehicle park or campground participant;
49	49	(B) a potentially dangerous condition on the
50	50	land, facilities, or equipment used in the activity, of which the
51	51	recreational vehicle park or campground entity knew or reasonably
52	52	should have known; or
53	53	(C) the recreational vehicle park or campground
54	54	entity's failure to train or improper training of an employee of the
55	55	recreational vehicle park or campground entity actively involved in
56	56	a recreational vehicle park or campground activity; or
57	57	(2) intentionally caused by the recreational vehicle
58	58	park or campground entity.
59	59	(c) A limitation on liability provided by this section to a
60	60	recreational vehicle park or campground entity is in addition to
61	61	other limitations of liability.
62	62	Sec. 75B.003. POSTED WARNING. For the purposes of
63	63	limitation of liability under Section 75B.002(a), a recreational
64	64	vehicle park or campground entity must post and maintain a sign in a
65	65	clearly visible location on or near the recreational vehicle park
66	66	or campground. The sign must contain the following language:
67	67	WARNING
68	68	TEXAS LAW (CHAPTER 75B, CIVIL PRACTICE AND REMEDIES CODE) LIMITS
69	69	THE LIABILITY OF A RECREATIONAL VEHICLE PARK OR CAMPGROUND ENTITY
70	70	FOR INJURIES OR DEATH OF A RECREATIONAL VEHICLE PARK OR CAMPGROUND
71	71	PARTICIPANT RESULTING FROM A RECREATIONAL VEHICLE PARK OR
72	72	CAMPGROUND ACTIVITY.
73	73	SECTION 2. The change in law made by this Act applies only
74	74	to a cause of action that accrues on or after the effective date of
75	75	this Act.
76	76	SECTION 3. This Act takes effect immediately if it receives
77	77	a vote of two-thirds of all the members elected to each house, as
78	78	provided by Section 39, Article III, Texas Constitution. If this
79	79	Act does not receive the vote necessary for immediate effect, this
80	80	Act takes effect September 1, 2023.
81	81	______________________________ ______________________________
82	82	President of the Senate Speaker of the House
83	83	I certify that H.B. No. 2636 was passed by the House on April
84	84	21, 2023, by the following vote: Yeas 141, Nays 0, 1 present, not
85	85	voting.
86	86	______________________________
87	87	Chief Clerk of the House
88	88	I certify that H.B. No. 2636 was passed by the Senate on May
89	89	19, 2023, by the following vote: Yeas 31, Nays 0.
90	90	______________________________
91	91	Secretary of the Senate
92	92	APPROVED: _____________________
93	93	Date
94	94	_____________________
95	95	Governor