According to the Legislative Budget Board (LBB), HB 1130 will have no significant fiscal implications for the state. This determination reflects the limited scope of the bill, which simply provides liability protections for private cavern entities under specific conditions and does not mandate new programs, funding, or administrative enforcement mechanisms. Since the legislation does not create or expand a regulatory framework or assign duties to a state agency, it does not trigger additional expenditures from the state budget.

The analysis further notes that any minimal administrative costs associated with the implementation of the bill could be absorbed within existing resources. This might refer to incidental legal education or public communication to inform operators of the new signage requirement, which is already a common feature in other recreational liability statutes. Because the bill creates an opt-in defense (limited liability contingent on proper signage and responsible conduct), it does not create a state-managed liability registry or impose compliance enforcement duties.

At the local level, the fiscal note similarly finds no significant fiscal implication for units of local government. Since the bill does not affect local revenue, impose regulatory burdens, or shift responsibility for civil claims to local jurisdictions, it maintains the current structure of civil liability law without adding operational costs or mandates for counties or municipalities.

In summary, the fiscal impact of HB 1130 is negligible, and its provisions can be implemented without additional funding, making it fiscally neutral for both state and local governments.

HB 1130 proposes a limited liability framework specifically tailored to businesses operating natural caverns for recreational or educational use. The bill’s rationale is rooted in constituent concerns about the legal vulnerability of cavern operators who, despite taking appropriate safety precautions, face the risk of lawsuits stemming from the inherent dangers of these activities. By providing liability protection to cavern entities that post a clear statutory warning, the bill seeks to strike a balance between promoting business confidence and protecting public safety.

From a liberty-minded perspective, the bill advances several key principles. It supports individual liberty and personal responsibility by affirming the right of Texans to voluntarily participate in inherently risky outdoor activities, provided they are properly informed of those risks. At the same time, it allows individuals to seek legal remedy in cases of negligence, unsafe conditions, or intentional misconduct. This approach avoids blanket immunity and upholds basic civil accountability.

The bill also promotes free enterprise and limited government by reducing the exposure of private cavern operators to frivolous litigation, thereby encouraging sustainable operation of small and mid-sized tourism businesses without the need for expanded state oversight or intervention. Importantly, it does not create a new regulatory regime or grant additional rulemaking authority to state agencies, ensuring minimal fiscal or administrative impact on the state or local governments.

The Committee Substitute adds a clarifying provision that the new liability protections are “in addition to other limitations of liability,” reinforcing its consistency with existing tort reform efforts and helping preserve legal clarity for the business community. Considering the bill’s alignment with core liberty values, negligible fiscal impact, and narrowly tailored legal design, Texas Policy Research recommends that lawmakers vote YES on HB 1130.

• Individual Liberty: The bill enhances individual liberty by affirming the right of Texans to participate in recreational or educational cavern activities at their own risk. It does not prohibit or regulate participation but acknowledges that some experiences, especially those involving nature and adventure, carry inherent risk. This legislation supports freedom of choice while ensuring that individuals are made aware of the associated risks through clear signage. It respects personal autonomy while not removing the right to sue in cases of actual wrongdoing.
• Personal Responsibility: The bill emphasizes personal responsibility by placing the burden on participants to acknowledge and assume the risks associated with cavern activities, so long as a proper warning is posted. This legal protection rewards responsible operators who take reasonable precautions while expecting participants to make informed decisions about their involvement. It reduces the tendency to externalize blame for assumed or self-evident dangers, especially in naturally rugged environments.
• Free Enterprise: The bill strongly supports free enterprise by helping shield cavern-based tourism and education businesses from frivolous lawsuits that could jeopardize their operations. Cavern entities—often small, family-run businesses or rural economic anchors—can continue offering valuable services without the looming threat of legal action for assumed risks. The bill gives these businesses greater legal certainty and protects their ability to offer unique experiences that contribute to Texas’s economy and culture.
• Private Property Rights: By protecting property owners from undue legal liability, the bill upholds their right to use and manage their property for lawful recreational purposes. It does not impose new restrictions on how property can be used or require costly compliance systems. Instead, it provides a protective legal framework that recognizes and respects ownership while still holding operators accountable in cases of negligence or willful misconduct.
• Limited Government: The bill is a model of limited government in action. It offers liability protection without expanding regulatory authority or creating new state agencies. It relies on private sector compliance through signage and on courts to enforce standards of care already present in tort law. The bill minimizes state involvement, imposes no new mandates, and has no fiscal cost, preserving the principle that government should not grow in response to problems that can be addressed through civil law and private action.

• SB 847 (Similar To)