cave owners post a sign, get a lawsuit shield

The text as introduced · 489 words

89R8898 AMF-F

By: Campbell
S.B. No. 847

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.