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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of a cavern entity for injuries arising from |
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certain activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 75C to read as follows: |
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CHAPTER 75C. LIMITED LIABILITY FOR CAVERN ACTIVITIES |
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Sec. 75C.001. DEFINITIONS. In this chapter: |
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(1) "Cavern activity" means an activity inside a |
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cavern at a cavern area for recreational or educational purposes. |
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(2) "Cavern activity participant" means an |
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individual, other than an employee of a cavern entity, who engages |
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in a cavern activity. |
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(3) "Cavern activity participant injury" means an |
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injury sustained by a cavern activity participant, including bodily |
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injury, emotional distress, death, property damage, or any other |
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loss arising from the person's participation in a cavern activity. |
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(4) "Cavern area" means a commercial property with a |
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natural cavern designed to provide cavern access for cavern |
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activities. |
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(5) "Cavern entity" means a person engaged in the |
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business of owning or operating a cavern area. |
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Sec. 75C.002. LIMITED LIABILITY. (a) Except as provided by |
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Subsection (b), a cavern entity is not liable to any person for a |
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cavern activity participant injury if, at the time of the cavern |
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activity participant injury, the warning prescribed by Section |
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75C.003 was posted in accordance with that section. |
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(b) This section does not limit liability for an injury: |
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(1) proximately caused by: |
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(A) the cavern entity's negligence with regard to |
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the safety of the cavern area or cavern activity participant; |
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(B) a potentially dangerous condition at the |
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cavern area, of which the cavern entity knew or reasonably should |
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have known; or |
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(C) the cavern entity's failure to train or |
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improper training of an employee of the cavern entity actively |
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involved in the cavern area or a cavern activity; or |
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(2) intentionally caused by the cavern entity. |
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Sec. 75C.003. POSTED WARNING. For the purposes of |
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limitation of liability under Section 75C.002(a), a cavern entity |
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must post and maintain a sign in a clearly visible location at each |
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entrance to a cavern at a cavern area. The sign must contain the |
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following language: |
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WARNING |
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TEXAS LAW (CHAPTER 75C, CIVIL PRACTICE AND REMEDIES CODE) LIMITS |
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THE LIABILITY OF THE OWNER OR OPERATOR OF A CAVERN FOR INJURIES OR |
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DEATH OF A CAVERN ACTIVITY PARTICIPANT RESULTING FROM A CAVERN |
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ACTIVITY. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |