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A BILL TO BE ENTITLED
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AN ACT
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relating to flood risk notice requirements for certain campgrounds; |
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providing 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 762 to read as follows: |
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CHAPTER 762. CAMPGROUNDS |
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Sec. 762.001. DEFINITION. In this chapter, "campground" |
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means a commercial property designed to provide cabins for |
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transient guest use or areas for locating recreational vehicles or |
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tents for transient guest use. |
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Sec. 762.002. FLOOD RISK NOTICE. The owner or operator of a |
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campground located on or near a body of water that is at risk of |
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flooding shall before each camper is allowed access to the |
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campground: |
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(1) provide written notice to the camper, or the |
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parent or legal guardian of a camper who is a minor, of the risk of |
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flooding at the campground; and |
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(2) ensure the camper, or the parent or legal guardian |
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of a camper who is a minor, signs and submits to the owner or |
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operator a statement acknowledging receipt of the notice. |
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Sec. 762.003. CIVIL PENALTY. (a) An owner or operator of a |
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campground who fails to comply with Section 762.002 is liable to |
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this state for a civil penalty of $1,000 for each violation. Each |
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day a violation continues constitutes a separate violation. |
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(b) The attorney general may sue to collect the penalty and |
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may recover attorney's fees and costs incurred in bringing an |
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action under this section. |
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SECTION 2. This Act takes effect on the 91st day after the |
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last day of the legislative session. |