Texas 2025 - 89th Regular

Texas Senate Bill SB847 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R8898 AMF-F
1	2		By: Campbell S.B. No. 847
2		-	(In the Senate - Filed January 17, 2025; February 13, 2025,
3		-	read first time and referred to Committee on State Affairs;
4		-	March 5, 2025, reported favorably by the following vote: Yeas 11,
5		-	Nays 0; March 5, 2025, sent to printer.)
6		-	Click here to see the committee vote
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9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to liability of a cavern entity for injuries arising from
12	10		certain activities.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. Title 4, Civil Practice and Remedies Code, is
15	13		amended by adding Chapter 75C to read as follows:
16	14		CHAPTER 75C. LIMITED LIABILITY FOR CAVERN ACTIVITIES
17	15		Sec. 75C.001. DEFINITIONS. In this chapter:
18	16		(1) "Cavern activity" means an activity inside a
19	17		cavern at a cavern area for recreational or educational purposes.
20	18		(2) "Cavern activity participant" means an
21	19		individual, other than an employee of a cavern entity, who engages
22	20		in a cavern activity.
23	21		(3) "Cavern activity participant injury" means an
24	22		injury sustained by a cavern activity participant, including bodily
25	23		injury, emotional distress, death, property damage, or any other
26	24		loss arising from the person's participation in a cavern activity.
27	25		(4) "Cavern area" means a commercial property with a
28	26		natural cavern designed to provide cavern access for cavern
29	27		activities.
30	28		(5) "Cavern entity" means a person engaged in the
31	29		business of owning or operating a cavern area.
32	30		Sec. 75C.002. LIMITED LIABILITY. (a) Except as provided by
33	31		Subsection (b), a cavern entity is not liable to any person for a
34	32		cavern activity participant injury or damages arising out of a
35	33		cavern activity participant injury if, at the time of the cavern
36	34		activity participant injury, the warning prescribed by Section
37	35		75C.003 was posted in accordance with that section.
38	36		(b) This section does not limit liability for an injury:
39	37		(1) proximately caused by:
40	38		(A) the cavern entity's negligence with regard to
41	39		the safety of the cavern area or cavern activity participant;
42	40		(B) a potentially dangerous condition at the
43	41		cavern area, including inside the cavern at the cavern area, of
44	42		which the cavern entity knew or reasonably should have known; or
45	43		(C) the cavern entity's failure to train or
46	44		improper training of an employee of the cavern entity actively
47	45		involved in the cavern area or a cavern activity; or
48	46		(2) intentionally caused by the cavern entity.
49	47		Sec. 75C.003. POSTED WARNING. For the purposes of
50	48		limitation of liability under Section 75C.002(a), a cavern entity
51	49		must post and maintain a sign in a clearly visible location at each
52	50		entrance to a cavern at a cavern area. The sign must contain the
53	51		following language:
54	52		WARNING
55	53		TEXAS LAW (CHAPTER 75C, CIVIL PRACTICE AND REMEDIES CODE) LIMITS
56	54		THE LIABILITY OF A CAVERN ENTITY FOR INJURIES OR DEATH OF A CAVERN
57	55		ACTIVITY PARTICIPANT RESULTING FROM A CAVERN 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.
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