HB1130 - Relating to liability of a cavern entity for injuries arising from certain activities.

      H.B. No. 1130         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.           (c)     A limitation on liability provided by this section to a   cavern entity is in addition to other limitations of liability.           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.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 1130 was passed by the House on April   23, 2025, by the following vote:  Yeas 138, Nays 9, 2 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 1130 on May 19, 2025, by the following vote:  Yeas 112, Nays 10,   3 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 1130 was passed by the Senate, with   amendments, on May 14, 2025, by the following vote:  Yeas 31, Nays   0.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor