Texas 2025 - 89th Regular

Texas House Bill HB1130 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R20448~~ AMF-F
2		-	By: Isaac~~, Hayes, et al.~~ H.B. No. 1130
3		-	~~Substitute the following for H.B. No. 1130:~~
4		-	~~By: Landgraf C.S.H.B. No. 1130~~
	1	+	89R4348 AMF-F
	2	+	By: Isaac H.B. No. 1130
	3	+
	4	+
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7	7		A BILL TO BE ENTITLED
8	8		AN ACT
9	9		relating to liability of a cavern entity for injuries arising from
10	10		certain activities.
11	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12		SECTION 1. Title 4, Civil Practice and Remedies Code, is
13	13		amended by adding Chapter 75C to read as follows:
14	14		CHAPTER 75C. LIMITED LIABILITY FOR CAVERN ACTIVITIES
15	15		Sec. 75C.001. DEFINITIONS. In this chapter:
16	16		(1) "Cavern activity" means an activity inside a
17	17		cavern at a cavern area for recreational or educational purposes.
18	18		(2) "Cavern activity participant" means an
19	19		individual, other than an employee of a cavern entity, who engages
20	20		in a cavern activity.
21	21		(3) "Cavern activity participant injury" means an
22	22		injury sustained by a cavern activity participant, including bodily
23	23		injury, emotional distress, death, property damage, or any other
24	24		loss arising from the person's participation in a cavern activity.
25	25		(4) "Cavern area" means a commercial property with a
26	26		natural cavern designed to provide cavern access for cavern
27	27		activities.
28	28		(5) "Cavern entity" means a person engaged in the
29	29		business of owning or operating a cavern area.
30	30		Sec. 75C.002. LIMITED LIABILITY. (a) Except as provided by
31	31		Subsection (b), a cavern entity is not liable to any person for a
32	32		cavern activity participant injury if, at the time of the cavern
33	33		activity participant injury, the warning prescribed by Section
34	34		75C.003 was posted in accordance with that section.
35	35		(b) This section does not limit liability for an injury:
36	36		(1) proximately caused by:
37	37		(A) the cavern entity's negligence with regard to
38	38		the safety of the cavern area or cavern activity participant;
39	39		(B) a potentially dangerous condition at the
40	40		cavern area, of which the cavern entity knew or reasonably should
41	41		have known; or
42	42		(C) the cavern entity's failure to train or
43	43		improper training of an employee of the cavern entity actively
44	44		involved in the cavern area or a cavern activity; or
45	45		(2) intentionally caused by the cavern entity.
46		-	(c) A limitation on liability provided by this section to a
47		-	cavern entity is in addition to other limitations of liability.
48	46		Sec. 75C.003. POSTED WARNING. For the purposes of
49	47		limitation of liability under Section 75C.002(a), a cavern entity
50	48		must post and maintain a sign in a clearly visible location at each
51	49		entrance to a cavern at a cavern area. The sign must contain the
52	50		following language:
53	51		WARNING
54	52		TEXAS LAW (CHAPTER 75C, CIVIL PRACTICE AND REMEDIES CODE) LIMITS
55	53		THE LIABILITY OF THE OWNER OR OPERATOR OF A CAVERN FOR INJURIES OR
56	54		DEATH OF A CAVERN ACTIVITY PARTICIPANT RESULTING FROM A CAVERN
57	55		ACTIVITY.
58	56		SECTION 2. The change in law made by this Act applies only
59	57		to a cause of action that accrues on or after the effective date of
60	58		this Act.
61	59		SECTION 3. This Act takes effect immediately if it receives
62	60		a vote of two-thirds of all the members elected to each house, as
63	61		provided by Section 39, Article III, Texas Constitution. If this
64	62		Act does not receive the vote necessary for immediate effect, this
65	63		Act takes effect September 1, 2025.