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89(R) SB 847 - Senate Committee Report version - Bill Text
By: Campbell
S.B. No. 847
(In the Senate - Filed January 17, 2025; February 13, 2025,
read first time and referred to Committee on State Affairs;
March 5, 2025, reported favorably by the following vote: Yeas 11,
Nays 0; March 5, 2025, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to liability of a cavern entity for injuries arising from
certain activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 75C to read as follows:
CHAPTER 75C. LIMITED LIABILITY FOR CAVERN ACTIVITIES
Sec. 75C.001. DEFINITIONS. In this chapter:
(1)
"Cavern activity" means an activity inside a
cavern at a cavern area for recreational or educational purposes.
(2)
"Cavern activity participant" means an
individual, other than an employee of a cavern entity, who engages
in a cavern activity.
(3)
"Cavern activity participant injury" means an
injury sustained by a cavern activity participant, including bodily
injury, emotional distress, death, property damage, or any other
loss arising from the person's participation in a cavern activity.
(4)
"Cavern area" means a commercial property with a
natural cavern designed to provide cavern access for cavern
activities.
(5)
"Cavern entity" means a person engaged in the
business of owning or operating a cavern area.
Sec.
75C.002.
LIMITED LIABILITY. (a) Except as provided by
Subsection (b), a cavern entity is not liable to any person for a
cavern activity participant injury or damages arising out of a
cavern activity participant injury if, at the time of the cavern
activity participant injury, the warning prescribed by Section
75C.003 was posted in accordance with that section.
(b) This section does not limit liability for an injury:
(1) proximately caused by:
(A)
the cavern entity's negligence with regard to
the safety of the cavern area or cavern activity participant;
(B)
a potentially dangerous condition at the
cavern area, including inside the cavern at the cavern area, of
which the cavern entity knew or reasonably should have known; or
(C)
the cavern entity's failure to train or
improper training of an employee of the cavern entity actively
involved in the cavern area or a cavern activity; or
(2) intentionally caused by the cavern entity.
Sec.
75C.003.
POSTED WARNING. For the purposes of
limitation of liability under Section 75C.002(a), a cavern entity
must post and maintain a sign in a clearly visible location at each
entrance to a cavern at a cavern area. The sign must contain the
following language:
WARNING
TEXAS LAW (CHAPTER 75C, CIVIL PRACTICE AND REMEDIES CODE) LIMITS
THE LIABILITY OF A CAVERN ENTITY FOR INJURIES OR DEATH OF A CAVERN
ACTIVITY PARTICIPANT RESULTING FROM A CAVERN ACTIVITY.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act.
SECTION 3. 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 September 1, 2025.
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