Bill Text: TX HB1130 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to liability of a cavern entity for injuries arising from certain activities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB1130 Detail]
Download: Texas-2025-HB1130-Introduced.html
| 89R4348 AMF-F | ||
| By: Isaac | H.B. No. 1130 | |
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| 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 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, 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 THE OWNER OR OPERATOR OF A CAVERN 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. | ||
