H.B. No. 1130 introduces Chapter 75C to the Civil Practice and Remedies Code, establishing limited liability for cavern entities regarding injuries sustained by participants in cavern activities. The bill defines key terms such as "cavern activity," "cavern activity participant," and "cavern entity," and outlines that a cavern entity is not liable for injuries if a proper warning sign is posted at the entrance of the cavern. This sign must inform participants that Texas law limits the liability of cavern entities for injuries or death resulting from cavern activities.
However, the bill specifies exceptions to this limited liability. A cavern entity remains liable for injuries that are proximately caused by its negligence concerning safety, known dangerous conditions, or failure to properly train employees involved in cavern activities. Additionally, the bill clarifies that this limitation on liability is supplementary to other existing liability limitations. The changes in law will apply only to causes of action that accrue on or after the effective date of the Act, which will take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if not.
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