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A BILL TO BE ENTITLED
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AN ACT
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relating to required flood disaster plans for campgrounds; |
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authorizing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 761 to read as follows: |
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CHAPTER 761. CAMPGROUND SAFETY |
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Sec. 761.001. DEFINITIONS. In this chapter: |
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(1) "Campground" means a public or private property |
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designed to provide cabins for transient guest use or areas for |
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locating a tent, tent trailer, pickup camper, recreational vehicle, |
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trailer, or other equipment designed for camping for transient |
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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) "Division" means the Texas Division of Emergency |
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Management. |
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Sec. 761.002. REQUIRED FLOOD DISASTER PLAN. (a) A |
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campground entity shall: |
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(1) develop, adopt, and annually update a written |
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flood disaster plan for each of the entity's campgrounds; and |
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(2) annually submit the plan to the division in the |
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form and manner the division prescribes. |
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(b) If the division determines a submitted plan is |
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insufficient, the campground entity shall make necessary changes |
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and resubmit the plan not later than the 90th day after the date the |
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campground entity receives notice from the division of the |
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division's determination the submitted plan is insufficient. |
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(c) The division may determine a submitted flood disaster |
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plan is insufficient only if the division determines the plan: |
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(1) will likely fail or poses a danger to campers in an |
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emergency; or |
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(2) fails to meet basic safety standards. |
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(d) The campground entity must: |
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(1) post the approved flood disaster plan in a |
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conspicuous place at the campground or publish the approved plan on |
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the campground's Internet website; |
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(2) provide a copy of the approved plan to each staff |
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member and camper before employment or a camping session begins; |
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and |
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(3) provide a copy of the approved plan to the relevant |
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emergency services district or county in which the campground is |
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located. |
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(e) The division may provide recommendations for a |
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campground entity to implement for the campground's next annual |
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flood disaster plan update. |
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Sec. 761.003. RULES. (a) The division shall adopt rules |
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prescribing: |
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(1) the information to be included in a campground |
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entity's flood disaster plan; |
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(2) the form and manner for a campground entity to |
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submit the plan to the division; and |
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(3) the division's procedures for determining the plan |
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is insufficient. |
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(b) In adopting rules regarding a division determination of |
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insufficiency for a submitted flood disaster plan, the division |
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must consider the financial hardship placed on a campground entity |
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to implement a recommended plan revision. |
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Sec. 761.004. CIVIL PENALTY. (a) The attorney general may |
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bring an action for a civil penalty against a campground entity that |
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violates Section 761.002. A civil penalty assessed under this |
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section must be in an amount not to exceed $1,000 for each |
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violation. |
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(b) Each day a violation continues is a separate violation |
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for purposes of imposing a civil penalty under this section. |
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(c) The attorney general may recover reasonable expenses |
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incurred in bringing an action under this section, including court |
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costs, reasonable attorney's fees, investigative costs, witness |
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fees, and deposition costs. |
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SECTION 2. Not later than March 1, 2026, the Texas Division |
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of Emergency Management shall adopt the rules required by Chapter |
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761, Health and Safety Code, as added by this Act. |
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SECTION 3. Notwithstanding Section 761.002, Health and |
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Safety Code, as added by this Act, a campground entity is not |
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required to submit the entity's flood disaster plan to the Texas |
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Division of Emergency Management until May 1, 2026. |
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SECTION 4. 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 on the 91st day after the last day of the |
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legislative session. |