| 5 | 3 | | |
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| 6 | 4 | | |
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| 7 | 5 | | |
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| 8 | 6 | | |
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| 9 | 7 | | A BILL TO BE ENTITLED |
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| 10 | 8 | | AN ACT |
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| 11 | 9 | | relating to liability of a water park entity for injuries arising |
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| 12 | 10 | | from certain activities. |
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| 13 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 12 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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| 15 | 13 | | amended by adding Chapter 75D to read as follows: |
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| 16 | 14 | | CHAPTER 75D. LIMITED LIABILITY FOR WATER PARK AND WATER PARK |
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| 17 | 15 | | ACTIVITIES |
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| 18 | 16 | | Sec. 75D.001. DEFINITIONS. In this chapter: |
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| 19 | 17 | | (1) "Water park" means a commercial property designed |
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| 20 | 18 | | to provide swimming, bathing, or other water-related recreation, |
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| 21 | 19 | | including water activities using swimming pools, water play areas, |
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| 22 | 20 | | water slides, splash pads, spray grounds, and lazy rivers. The term |
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| 23 | 21 | | includes associated facilities and services such as changing rooms, |
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| 24 | 22 | | showers, hot tubs, saunas, indoor or outdoor spectator seating |
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| 25 | 23 | | areas, picnic areas, and associated retail sales and services. |
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| 26 | 24 | | (2) "Water park activity" means an activity at a water |
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| 27 | 25 | | park for recreational or educational purposes. |
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| 28 | 26 | | (3) "Water park entity" means a person engaged in the |
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| 29 | 27 | | business of owning or operating a water park. |
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| 30 | 28 | | (4) "Water park participant" means an individual, |
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| 31 | 29 | | other than an employee of a water park entity, who attends a water |
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| 32 | 30 | | park or engages in a water park activity. |
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| 33 | 31 | | (5) "Water park participant injury" means an injury |
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| 34 | 32 | | sustained by a water park participant, including bodily injury, |
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| 35 | 33 | | emotional distress, death, property damage, or any other loss |
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| 36 | 34 | | arising from the person's participation in a water park activity or |
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| 37 | 35 | | attendance at a water park. |
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| 38 | 36 | | Sec. 75D.002. LIMITED LIABILITY. (a) Except as provided |
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| 39 | 37 | | by Subsection (b), a water park entity is not liable to any person |
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| 40 | 38 | | for a water park participant injury if, at the time of the water |
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| 41 | 39 | | park participant injury, the warning prescribed by Section 75D.003 |
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| 42 | 40 | | was posted in accordance with that section. |
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| 43 | 41 | | (b) This section does not limit liability for an injury: |
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| 44 | 42 | | (1) proximately caused by: |
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| 45 | 43 | | (A) the water park entity's negligence with |
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| 46 | 44 | | regard to the safety of the water park, water park activity, or |
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| 47 | 45 | | water park participant; |
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| 48 | 46 | | (B) a potentially dangerous condition at the |
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| 49 | 47 | | water park, of which the water park entity knew or reasonably should |
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| 50 | 48 | | have known; or |
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| 51 | 49 | | (C) the water park entity's failure to train or |
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| 52 | 50 | | improper training of an employee of the water park entity actively |
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| 53 | 51 | | involved in the water park or a water park activity; or |
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| 54 | 52 | | (2) intentionally caused by the water park entity. |
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| 57 | 53 | | Sec. 75D.003. POSTED WARNING. For the purposes of |
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| 58 | 54 | | limitation of liability under Section 75D.002(a), a water park |
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| 59 | 55 | | entity must post and maintain a sign in a clearly visible location |
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| 60 | 56 | | at or near the entrance to the water park. The sign must contain the |
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| 61 | 57 | | following language: |
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| 62 | 58 | | WARNING |
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| 63 | 59 | | TEXAS LAW (CHAPTER 75D, CIVIL PRACTICE AND REMEDIES CODE) LIMITS |
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| 64 | 60 | | THE LIABILITY OF THE OWNER OR OPERATOR OF A WATER PARK ENTITY FOR |
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| 65 | 61 | | INJURIES OR DEATH OF A WATER PARK PARTICIPANT RESULTING FROM |
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| 66 | 62 | | ATTENDANCE AT A WATER PARK OR PARTICIPATION IN A WATER PARK |
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| 67 | 63 | | ACTIVITY. |
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| 68 | 64 | | SECTION 2. The change in law made by this Act applies only |
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| 69 | 65 | | to a cause of action that accrues on or after the effective date of |
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| 70 | 66 | | this Act. |
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| 71 | 67 | | SECTION 3. This Act takes effect immediately if it receives |
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| 72 | 68 | | a vote of two-thirds of all the members elected to each house, as |
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| 73 | 69 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 74 | 70 | | Act does not receive the vote necessary for immediate effect, this |
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| 75 | 71 | | Act takes effect September 1, 2025. |
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