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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of a water park entity for injuries arising |
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from certain activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 75D to read as follows: |
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CHAPTER 75D. LIMITED LIABILITY FOR WATER PARK AND WATER PARK |
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ACTIVITIES |
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Sec. 75D.001. DEFINITIONS. In this chapter: |
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(1) "Water park" means a commercial property designed |
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to provide swimming, bathing, or other water-related recreation, |
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including water activities using swimming pools, water play areas, |
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water slides, splash pads, spray grounds, and lazy rivers. The term |
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includes associated facilities and services such as changing rooms, |
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showers, hot tubs, saunas, indoor or outdoor spectator seating |
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areas, picnic areas, and associated retail sales and services. |
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(2) "Water park activity" means an activity at a water |
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park for recreational or educational purposes. |
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(3) "Water park entity" means a person engaged in the |
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business of owning or operating a water park. |
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(4) "Water park participant" means an individual, |
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other than an employee of a water park entity, who attends a water |
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park or engages in a water park activity. |
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(5) "Water park participant injury" means an injury |
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sustained by a water park participant, including bodily injury, |
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emotional distress, death, property damage, or any other loss |
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arising from the person's participation in a water park activity or |
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attendance at a water park. |
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Sec. 75D.002. LIMITED LIABILITY. (a) Except as provided |
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by Subsection (b), a water park entity is not liable to any person |
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for a water park participant injury if, at the time of the water |
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park participant injury, the warning prescribed by Section 75D.003 |
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was posted in accordance with that section. |
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(b) This section does not limit liability for an injury: |
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(1) proximately caused by: |
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(A) the water park entity's negligence with |
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regard to the safety of the water park, water park activity, or |
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water park participant; |
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(B) a potentially dangerous condition at the |
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water park, of which the water park entity knew or reasonably should |
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have known; or |
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(C) the water park entity's failure to train or |
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improper training of an employee of the water park entity actively |
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involved in the water park or a water park activity; or |
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(2) intentionally caused by the water park entity. |
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Sec. 75D.003. POSTED WARNING. For the purposes of |
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limitation of liability under Section 75D.002(a), a water park |
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entity must post and maintain a sign in a clearly visible location |
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at or near the entrance to the water park. The sign must contain the |
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following language: |
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WARNING |
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TEXAS LAW (CHAPTER 75D, CIVIL PRACTICE AND REMEDIES CODE) LIMITS |
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THE LIABILITY OF THE OWNER OR OPERATOR OF A WATER PARK ENTITY FOR |
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INJURIES OR DEATH OF A WATER PARK PARTICIPANT RESULTING FROM |
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ATTENDANCE AT A WATER PARK OR PARTICIPATION IN A WATER PARK |
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ACTIVITY. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. |
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SECTION 3. 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 September 1, 2025. |