HB 1130

AN ACT relating to liability of a cavern entity for injuries arising from

House Bill • Isaac | Hayes

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

Filed

Bill introduced by legislator

In Committee

Hearing Scheduled

Passed Committee

Floor Calendar

Passed Chamber

Sent to Other Chamber

Passed Both Chambers

Sent to Governor

Signed into Law

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Fiscal Note

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What This Bill Does

Limits liability for cavern entities (owners/operators of commercial cave attractions) for injuries sustained by participants during cavern activities. The law requires cavern businesses to post a specific warning sign at each cavern entrance, which shields them from most liability claims unless the injury results from the entity's negligence, known dangerous conditions, employee training failures, or intentional actions. The bill provides legal protection for cavern businesses while maintaining accountability for serious safety oversights.

Subject Areas

SIGNS Civil Remedies & Liabilities RECREATIONAL & CULTURAL FACILITIES

Bill Text

relating to liability of a cavern entity for injuries arising from
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
(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
(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:
(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
(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
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
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
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.