HB2613 - Relating to liability of a water park entity for injuries arising from certain activities.

  89R21765 AMF-F     By: Harris Davila H.B. No. 2613     Substitute the following for H.B. No. 2613:     By:  Leach C.S.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.           (c)     A limitation on liability provided by this section to a   water park entity is in addition to other limitations of liability.           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.