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A BILL TO BE ENTITLED
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AN ACT
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relating to campground emergency safety certification |
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requirements; 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. CAMPGROUND SAFETY |
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Sec. 762.001. DEFINITIONS. In this chapter: |
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(1) "Campground" means a commercial property designed |
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to provide cabins for transient overnight guest use or areas for |
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locating recreational vehicles or tents for transient overnight |
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guest use. |
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(2) "Campground operator" means a person who owns, |
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operates, controls, or supervises a campground, regardless of |
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profit. |
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(3) "Division" means the Texas Division of Emergency |
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Management. |
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Sec. 762.002. EMERGENCY SAFETY CERTIFICATION REQUIRED. A |
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campground operator may not operate a campground in this state |
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unless the operator holds for the campground an emergency safety |
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certification issued under this chapter and rules adopted under |
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this chapter. |
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Sec. 762.003. EMERGENCY SAFETY CERTIFICATION PROGRAM AND |
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STANDARDS. (a) The division shall establish an emergency safety |
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certification program for campgrounds. |
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(b) The division by rule shall prescribe the requirements |
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for issuance of an emergency safety certification under the |
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program. The rules must: |
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(1) require each campground operator to develop and |
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implement an emergency preparedness plan and submit the plan to the |
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division for approval; and |
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(2) prescribe: |
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(A) the information to be included in an |
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emergency preparedness plan; |
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(B) the form and manner for a campground operator |
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to submit the plan to the division for approval; and |
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(C) the procedure for correcting and |
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resubmitting to the division a plan the division does not approve. |
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(c) An emergency preparedness plan must: |
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(1) require each cabin at the campground to be |
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equipped with a device adequate to allow communication by |
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campground guests during an emergency without regard to access to |
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landline technologies or cell tower connectivity, including: |
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(A) portable satellite communications equipment; |
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or |
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(B) radios; |
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(2) require the campground operator to post in a |
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conspicuous location at or near the entrance of each cabin a sign |
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informing campground guests of the procedures for safely evacuating |
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in the event of an emergency; and |
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(3) include any additional measures the division |
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considers necessary. |
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Sec. 762.004. CIVIL PENALTY. (a) An owner or operator of a |
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campground who fails to comply with this chapter is liable to this |
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state for a civil penalty of $1,000 for each violation. Each day a |
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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. Not later than March 1, 2026, the Texas Division |
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of Emergency Management shall adopt rules required by Chapter 762, |
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Health and Safety Code, as added by this Act. |
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SECTION 3. Notwithstanding Section 762.002, Health and |
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Safety Code, as added by this Act, a campground operator is not |
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required to hold an emergency safety certification for a campground |
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as required by that section until May 1, 2026. |
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SECTION 4. This Act takes effect on the 91st day after the |
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last day of the legislative session. |