Bill Text: TX HB2636 | 2023-2024 | 88th Legislature | Enrolled
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: (Passed) 2023-06-10 - Effective immediately [HB2636 Detail]
Download: Texas-2023-HB2636-Enrolled.html
| H.B. No. 2636 | ||
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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 with regard to 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 knew 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 | ||
| TEXAS LAW (CHAPTER 75B, CIVIL PRACTICE AND REMEDIES CODE) LIMITS | ||
| THE LIABILITY OF A RECREATIONAL VEHICLE PARK OR CAMPGROUND ENTITY | ||
| FOR INJURIES 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, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2636 was passed by the House on April | ||
| 21, 2023, by the following vote: Yeas 141, Nays 0, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2636 was passed by the Senate on May | ||
| 19, 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
