Water Parks Get A Liability Shield For Posting A Sign

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89R4353 AMF-F

By: Harris Davila
H.B. No. 2613

A BILL TO BE ENTITLED

AN ACT

relating to liability of a water park 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 75D to read as follows:

CHAPTER 75D. LIMITED LIABILITY FOR WATER PARK AND WATER PARK

ACTIVITIES

Sec. 75D.001. DEFINITIONS. In this chapter:

(1) "Water park" means a commercial property designed

to provide swimming, bathing, or other water-related recreation,

including water activities using swimming pools, water play areas,

water slides, splash pads, spray grounds, and lazy rivers. The term

includes associated facilities and services such as changing rooms,

showers, hot tubs, saunas, indoor or outdoor spectator seating

areas, picnic areas, and associated retail sales and services.

(2) "Water park activity" means an activity at a water

park for recreational or educational purposes.

(3) "Water park entity" means a person engaged in the

business of owning or operating a water park.

(4) "Water park participant" means an individual,

other than an employee of a water park entity, who attends a water

park or engages in a water park activity.

(5) "Water park participant injury" means an injury

sustained by a water park participant, including bodily injury,

emotional distress, death, property damage, or any other loss

arising from the person's participation in a water park activity or

attendance at a water park.

Sec. 75D.002. LIMITED LIABILITY. (a) Except as provided

by Subsection (b), a water park entity is not liable to any person

for a water park participant injury if, at the time of the water

park participant injury, the warning prescribed by Section 75D.003

was posted in accordance with that section.

(b) This section does not limit liability for an injury:

(1) proximately caused by:

(A) the water park entity's negligence with

regard to the safety of the water park, water park activity, or

water park participant;

(B) a potentially dangerous condition at the

water park, of which the water park entity knew or reasonably should

have known; or

(C) the water park entity's failure to train or

improper training of an employee of the water park entity actively

involved in the water park or a water park activity; or

(2) intentionally caused by the water park entity.

Sec. 75D.003. POSTED WARNING. For the purposes of

limitation of liability under Section 75D.002(a), a water park

entity must post and maintain a sign in a clearly visible location

at or near the entrance to the water park. The sign must contain the

following language:

WARNING

TEXAS LAW (CHAPTER 75D, CIVIL PRACTICE AND REMEDIES CODE) LIMITS

THE LIABILITY OF THE OWNER OR OPERATOR OF A WATER PARK ENTITY FOR

INJURIES OR DEATH OF A WATER PARK PARTICIPANT RESULTING FROM

ATTENDANCE AT A WATER PARK OR PARTICIPATION IN A WATER PARK

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.