Bill Text: TX HB1478 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to liability of a recreational vehicle park or campground entity for injuries arising from certain activities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-05-10 - Considered in Calendars [HB1478 Detail]
Download: Texas-2021-HB1478-Comm_Sub.html
| 87R3749 AJA-F | ||
| By: Cyrier, White | H.B. No. 1478 | |
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| relating to liability of a recreational vehicle park or campground | ||
| entity for injuries arising from certain activities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 4, Civil Practice and Remedies Code, is | ||
| amended by adding Chapter 75B to read as follows: | ||
| CHAPTER 75B. LIMITED LIABILITY FOR RECREATIONAL VEHICLE PARK AND | ||
| CAMPGROUND ACTIVITIES | ||
| Sec. 75B.001. DEFINITIONS. In this chapter: | ||
| (1) "Campground" means a commercial property designed | ||
| to provide cabins for transient guest use or areas for locating | ||
| recreational vehicles or tents for transient guest use. | ||
| (2) "Campground entity" means a person engaged in the | ||
| business of owning or operating a campground. | ||
| (3) "Recreational vehicle park" has the meaning | ||
| assigned by Section 13.087, Water Code. | ||
| (4) "Recreational vehicle park entity" means a person | ||
| engaged in the business of owning or operating a recreational | ||
| vehicle park. | ||
| (5) "Recreational vehicle park or campground | ||
| activity" means an activity at a recreational vehicle park or | ||
| campground for recreational or educational purposes. | ||
| (6) "Recreational vehicle park or campground | ||
| participant" means an individual, other than an employee of a | ||
| recreational vehicle park or campground entity, who engages in a | ||
| recreational vehicle park or campground activity. | ||
| (7) "Recreational vehicle park or campground | ||
| participant injury" means an injury sustained by a recreational | ||
| vehicle park or campground participant, including bodily injury, | ||
| emotional distress, death, property damage, or any other loss | ||
| arising from the person's conduct of or participation in a | ||
| recreational vehicle park or campground activity. | ||
| Sec. 75B.002. LIMITED LIABILITY. (a) Except as provided | ||
| by Subsection (b), a recreational vehicle park or campground entity | ||
| is not liable to any person for a recreational vehicle park or | ||
| campground participant injury or damages arising out of a | ||
| recreational vehicle park or campground participant injury if, at | ||
| the time of the recreational vehicle park or campground activity | ||
| from which the injury arises, the warning prescribed by Section | ||
| 75B.003 was posted in accordance with that section. | ||
| (b) This section does not limit liability for an injury: | ||
| (1) proximately caused by: | ||
| (A) the recreational vehicle park or campground | ||
| entity's negligence evidencing a disregard for the safety of the | ||
| recreational vehicle park or campground participant; | ||
| (B) a potentially dangerous condition on the | ||
| land, facilities, or equipment used in the activity, of which the | ||
| recreational vehicle park or campground entity had actual knowledge | ||
| or reasonably should have known; or | ||
| (C) the recreational vehicle park or campground | ||
| entity's failure to train or improper training of an employee of the | ||
| recreational vehicle park or campground entity actively involved in | ||
| a recreational vehicle park or campground activity; or | ||
| (2) intentionally caused by the recreational vehicle | ||
| park or campground entity. | ||
| (c) A limitation on liability provided by this section to a | ||
| recreational vehicle park or campground entity is in addition to | ||
| other limitations of liability. | ||
| Sec. 75B.003. POSTED WARNING. For the purposes of | ||
| limitation of liability under Section 75B.002(a), a recreational | ||
| vehicle park or campground entity must post and maintain a sign in a | ||
| clearly visible location on or near the recreational vehicle park | ||
| or campground. The sign must contain the following language: | ||
| WARNING | ||
| UNDER TEXAS LAW (CHAPTER 75B, CIVIL PRACTICE AND REMEDIES CODE), A | ||
| RECREATIONAL VEHICLE PARK OR CAMPGROUND ENTITY IS NOT LIABLE FOR | ||
| ANY INJURY TO OR DEATH OF A RECREATIONAL VEHICLE PARK OR CAMPGROUND | ||
| PARTICIPANT RESULTING FROM A RECREATIONAL VEHICLE PARK OR | ||
| CAMPGROUND ACTIVITY. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a cause of action that accrues on or after the effective date of | ||
| this Act. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2021. | ||
