HB 19 Legislative Priority

Overall Vote Recommendation
No
Principle Criteria
negative
Free Enterprise
negative
Property Rights
neutral
Personal Responsibility
negative
Limited Government
negative
Individual Liberty
Digest

HB 19 creates a new Chapter 761, Health and Safety Code, to require public and private campground operators who host transient guests to prepare for flood-related emergencies. Under the bill, each campground entity must develop, adopt, and annually update a written flood disaster plan for every campground it operates. These plans must be submitted each year to the Texas Division of Emergency Management (TDEM) in the form and manner it prescribes.

TDEM may only deem a plan insufficient if it would likely fail or pose a danger to campers in an emergency, or if it does not meet basic safety standards. If a plan is rejected, the campground operator has 90 days to make the necessary revisions. Approved plans must be posted prominently at the campground or published on its website, distributed to staff and campers before employment or the start of a stay, and provided to the relevant local emergency services district or county.

The bill directs TDEM to adopt rules by March 1, 2026, that specify the information required in a plan, submission procedures, and the criteria for determining insufficiency. Campground operators must begin submitting plans to TDEM by May 1, 2026. Enforcement authority is granted to the Texas Attorney General, who may seek civil penalties of up to $1,000 per violation per day for noncompliance, plus recovery of court costs and related expenses.

Author (5)
Drew Darby
Jeffrey Barry
Morgan Meyer
Brooks Landgraf
Gary Vandeaver
Co-Author (17)
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 19 are indeterminate because the number of campground entities subject to the bill and the cost to process their required flood disaster plans are unknown. The Texas Division of Emergency Management (TDEM) would be responsible for receiving and reviewing these annual submissions, but without data on how many campgrounds would need to comply, TDEM cannot estimate processing expenses.

The bill authorizes the Attorney General to seek civil penalties, up to $1,000 per violation per day, for failure to meet the plan requirements, and to recover reasonable litigation expenses. While these provisions could generate additional revenue, the Comptroller notes that the frequency and size of such penalties are unpredictable. As a result, any positive revenue impact is expected not to be significant.

For local governments, the fiscal implications are also unclear. Some municipalities or counties may own campgrounds that would need to produce and update flood disaster plans, but the number of such facilities and the costs to develop the required plans are not currently known.

Vote Recommendation Notes

HB 19 is presented as a direct policy response to the deadly July 4, 2025, Guadalupe River flooding, which tragically claimed more than 100 lives, including campers and staff at Camp Mystic. In that event, the facility’s emergency plan had technically passed inspection just two days before the disaster, but was clearly insufficient for the flood risk. HB 19’s author and supporters argue that this shows the need for uniform, enforceable standards for flood preparedness at Texas campgrounds. The bill requires every campground, public or private, that hosts transient guests to create a written flood disaster plan, update it annually, and submit it to the Texas Division of Emergency Management (TDEM) for review. Once approved, the plan must be posted, distributed to employees and campers, and shared with local emergency services. Noncompliance can result in civil penalties of up to $1,000 per violation per day, enforced by the Attorney General.

From a public safety standpoint, the bill is narrowly focused on a single, well-documented hazard in Texas. Its provisions aim to ensure that no campground operates without a clear, actionable plan for protecting people during a flood. It limits TDEM’s authority to reject plans only when they clearly pose a danger or fail to meet basic safety standards, and it requires the agency to consider financial hardship before recommending costly revisions. The timeline, rules adopted by March 1, 2026, and first submissions due May 1, 2026, gives businesses over a year to prepare. Supporters will argue that HB 19 sets a consistent, life-saving baseline that can help avert large-scale tragedies in the future.

From a limited-government and regulatory perspective, HB 19 does expand both the scope of state government and the regulatory obligations of private businesses. It creates a permanent oversight role for TDEM, imposes an annual compliance and reporting requirement on all campground operators regardless of their actual flood risk, and authorizes the Attorney General to pursue civil penalties. Many campgrounds, especially small, family-run businesses, already have strong incentives to prepare for floods due to liability exposure, insurance requirements, and customer expectations. For these operators, HB 19 represents an added layer of bureaucracy and a one-size-fits-all approach that does not distinguish between high- and low-risk properties. Critics can also argue that it sets a precedent for hazard-specific mandates in other industries whenever a high-profile incident occurs.

The fiscal impact is officially “indeterminate” because the number of affected campgrounds and TDEM’s exact processing costs are unknown. The Legislative Budget Board expects any penalty revenue to be insignificant, but TDEM could require additional taxpayer-funded resources if the volume of plan submissions is large. Local governments that own campgrounds would face the same compliance costs as private operators. While the state burden is likely modest, the ongoing cost and administrative time for individual businesses could be more substantial, especially for small operators.

Texas Policy Research recommends that lawmakers vote NO on HB 19 to prevent government growth, avoid new permanent mandates on small businesses, and rely on market and liability mechanisms to drive safety practices.

  • Individual Liberty: The bill has mixed effects. On one hand, it aims to protect the lives and safety of campers by ensuring they have clear information and procedures during a flood, which could be seen as enhancing individual safety and thus enabling freer enjoyment of recreational activities. On the other hand, it limits the operational freedom of campground owners by imposing a mandatory, state-approved disaster planning process. Owners lose discretion over whether and how to prepare for floods, as their plans must meet TDEM’s criteria to be acceptable.
  • Personal Responsibility: The bill strengthens the principle that businesses should be accountable for the safety of those they serve. It explicitly places the duty on campground owners to anticipate hazards, plan for them, and keep those plans up to date. However, by moving from voluntary preparation to state-mandated planning it shifts some responsibility from self-regulation to compliance with government rules, potentially reducing the incentive for independent problem-solving.
  • Free Enterprise: The bill increases regulatory obligations for a specific sector of private business. While it does not directly restrict market entry or pricing, it adds compliance costs and government oversight that could deter some from operating or expanding in the sector. A state-mandated planning process also overrides the market’s ability to set preparedness standards through insurance, liability law, and consumer demand.
  • Private Property Rights: The bill stops short of infringing on property use, but it does dictate certain operational requirements for those who choose to run campgrounds. Owners must follow a state-defined process and post certain information publicly. This represents a modest encroachment on the autonomy of property owners to decide how they manage risk on their land.
  • Limited Government: The bill clearly grows the role of state government. It creates a permanent regulatory program, gives TDEM new authority over private business operations, and empowers the Attorney General to enforce compliance through civil penalties. For limited-government advocates, this is an expansion of state oversight into an area previously left to private discretion and market forces.
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