89S10613 MCF-D

By: Darby H.B. No. 269

A BILL TO BE ENTITLED

AN ACT

relating to requirements for campgrounds located in a floodway; authorizing an administrative penalty; providing a private cause of action.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 9, Health and Safety Code, is amended by adding Chapter 761 to read as follows:

CHAPTER 761. CAMPGROUNDS

Sec. 761.001. DEFINITIONS. In this chapter:

(1) "Campground" means a public or private property designed to provide cabins for transient guest use or areas for locating a tent, tent trailer, pickup camper, recreational vehicle, trailer, or other equipment designed for camping for transient guest use.

(2) "Campground entity" means a person engaged in the business of owning or operating a campground.

(3) "Division" means the Texas Division of Emergency Management.

(4) "Floodway" means an area identified on the most recent flood hazard map published by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.) as a regulatory floodway, including the channel of a river or other watercourse and the adjacent land areas reserved for the discharge of a 100-year flood without cumulatively increasing the water surface elevation more than a designated height.

Sec. 761.002. REQUIRED APPROVAL OF CAMPGROUND CONSTRUCTION IN FLOODWAY. (a) This section applies only to a campground for which a construction permit is issued or, if a permit is not required, construction begins on or after March 1, 2026.

(b) A campground entity may not construct or expand a campground or a campground structure, including a temporary structure used for overnight accommodations, at a location within a floodway unless:

(1) the entity submits to the division in the form and manner the division prescribes the entity's construction plans; and

(2) the division approves the entity's plans.

(c) The division shall review and approve a campground entity's construction plans submitted under Subsection (b) if the division determines the plans:

(1) minimize or prevent flooding of the campground or any campground structure;

(2) allow for the safe evacuation of campground occupants;

(3) provide access routes for emergency responders entering the campground; and

(4) meet any other requirements prescribed by division rule.

(d) The division shall adopt rules to implement this section, including rules prescribing:

(1) campground structure standards and the compliance required for approval of a campground entity's construction plans;

(2) the form and manner for a campground entity to submit to the division the entity's construction plans; and

(3) procedures for reviewing and approving a campground entity's construction plans, including procedures allowing the entity to revise and resubmit plans the division determines are insufficient.

Sec. 761.003. FLOODWAY NOTICE REQUIRED. A campground entity shall conspicuously post on the entity's Internet website notice of:

(1) each entity campground located wholly or partly in a floodway; and

(2) for a campground located partly in a floodway, the specific campground areas and structures within the floodway.

Sec. 761.004. ADMINISTRATIVE PENALTY. (a) The division may assess an administrative penalty in an amount not to exceed $1,000 against a campground entity for each violation of Section 761.002 or 761.003.

(b) Each day a violation continues or occurs is a separate violation for purposes of imposing an administrative penalty under this section.

(c) On request by the division, the attorney general may file suit against a campground entity to recover an administrative penalty assessed under this section. The attorney general may recover, on behalf of the attorney general and the division, reasonable expenses and costs.

Sec. 761.005. CIVIL ACTION. (a) A campground entity that violates Section 761.002 or 761.003 is liable in a civil action for personal injury, death, or other damages caused to a person by the violation.

(b) A court may award a prevailing claimant reasonable and necessary attorney's fees and costs incurred in bringing an action under this section.

SECTION 2. As soon as possible after the effective date of this Act, the Texas Division of Emergency Management shall adopt the rules required by Chapter 761, Health and Safety Code, as added by this Act.

SECTION 3. (a) Notwithstanding Section 761.002 or 761.003, Health and Safety Code, as added by this Act, a campground entity is not required to comply with those sections until March 1, 2026.

(b) Section 761.005, Health and Safety Code, as added by this Act, applies only to a cause of action that accrues on or after March 1, 2026.

SECTION 4. 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 on the 91st day after the last day of the legislative session.