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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of a recreational vehicle park or campground |
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entity for injuries arising from 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 75B to read as follows: |
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CHAPTER 75B. LIMITED LIABILITY FOR RECREATIONAL VEHICLE PARK AND |
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CAMPGROUND ACTIVITIES |
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Sec. 75B.001. DEFINITIONS. In this chapter: |
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(1) "Campground" means a commercial property designed |
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to provide cabins for transient guest use or areas for locating |
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recreational vehicles or tents for transient guest use. |
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(2) "Campground entity" means a person engaged in the |
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business of owning or operating a campground. |
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(3) "Recreational vehicle park" has the meaning |
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assigned by Section 13.087, Water Code. |
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(4) "Recreational vehicle park entity" means a person |
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engaged in the business of owning or operating a recreational |
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vehicle park. |
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(5) "Recreational vehicle park or campground |
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activity" means an activity at a recreational vehicle park or |
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campground for recreational or educational purposes. |
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(6) "Recreational vehicle park or campground |
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participant" means an individual, other than an employee of a |
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recreational vehicle park or campground entity, who engages in a |
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recreational vehicle park or campground activity. |
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(7) "Recreational vehicle park or campground |
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participant injury" means an injury sustained by a recreational |
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vehicle park or campground participant, including bodily injury, |
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emotional distress, death, property damage, or any other loss |
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arising from the person's conduct of or participation in a |
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recreational vehicle park or campground activity. |
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Sec. 75B.002. LIMITED LIABILITY. (a) Except as provided |
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by Subsection (b), a recreational vehicle park or campground entity |
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is not liable to any person for a recreational vehicle park or |
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campground participant injury or damages arising out of a |
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recreational vehicle park or campground participant injury if, at |
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the time of the recreational vehicle park or campground activity |
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from which the injury arises, the warning prescribed by Section |
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75B.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 recreational vehicle park or campground |
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entity's negligence with regard to the safety of the recreational |
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vehicle park or campground participant; |
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(B) a potentially dangerous condition on the |
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land, facilities, or equipment used in the activity, of which the |
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recreational vehicle park or campground entity knew or reasonably |
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should have known; or |
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(C) the recreational vehicle park or campground |
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entity's failure to train or improper training of an employee of the |
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recreational vehicle park or campground entity actively involved in |
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a recreational vehicle park or campground activity; or |
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(2) intentionally caused by the recreational vehicle |
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park or campground entity. |
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(c) A limitation on liability provided by this section to a |
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recreational vehicle park or campground entity is in addition to |
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other limitations of liability. |
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Sec. 75B.003. POSTED WARNING. For the purposes of |
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limitation of liability under Section 75B.002(a), a recreational |
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vehicle park or campground entity must post and maintain a sign in a |
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clearly visible location on or near the recreational vehicle park |
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or campground. The sign must contain the following language: |
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WARNING |
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TEXAS LAW (CHAPTER 75B, CIVIL PRACTICE AND REMEDIES CODE) LIMITS |
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THE LIABILITY OF A RECREATIONAL VEHICLE PARK OR CAMPGROUND ENTITY |
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FOR INJURIES OR DEATH OF A RECREATIONAL VEHICLE PARK OR CAMPGROUND |
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PARTICIPANT RESULTING FROM A RECREATIONAL VEHICLE PARK OR |
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CAMPGROUND 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, 2023. |
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