By: Murr (Senate Sponsor - Flores) H.B. No. 2636
         (In the Senate - Received from the House April 24, 2023;
  May 5, 2023, read first time and referred to Committee on State
  Affairs; May 15, 2023, reported favorably by the following vote:  
  Yeas 8, Nays 0; May 15, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  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.
 
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