According to the Legislative Budget Board (LBB), SB 1119 is not expected to have a significant fiscal impact on the state government. The report assumes that any administrative costs related to implementing the bill’s provisions, such as monitoring compliance with liability limitations or ensuring proper signage requirements at water parks, could be absorbed using existing state resources. Since the bill primarily affects private water park entities rather than state agencies, no direct state expenditures or revenue changes are anticipated.

Similarly, local governments are not expected to face significant fiscal implications. The bill does not create new regulatory responsibilities or enforcement duties for municipal or county governments. Since water parks are privately operated businesses, local government budgets are unlikely to be directly affected by changes in liability protections. The bill may lead to reduced litigation costs for local courts by limiting certain lawsuits against water parks, but this impact is expected to be minimal and not quantifiable.

Overall, SB 1119 appears to be fiscally neutral, meaning it neither imposes additional costs on the state nor generates new revenue. The bill primarily impacts private businesses and legal liabilities, rather than public funding or government services.

SB 1119 aims to limit liability for water parks in Texas by ensuring that visitors assume the risks associated with water-related recreational activities. The bill follows precedents set by existing agribusiness and recreational vehicle liability protections and seeks to prevent frivolous lawsuits that can burden businesses. While the bill does not absolve water parks of all responsibility, it protects them from legal action related to inherent risks, provided proper warning signs are posted. However, negligence, failure to train employees, and hazardous conditions that should have been addressed remain grounds for legal liability​.

From a liberty perspective, the bill supports free enterprise and private property rights, as it reduces legal uncertainties for businesses and could lower insurance and litigation costs. It also reinforces personal responsibility, as visitors must acknowledge the inherent risks of water park activities. However, there is some concern regarding individual liberty, as the broad limitation of liability could weaken consumer protections in cases where safety issues are not immediately clear. Additionally, while the bill does not impose direct government intervention, it introduces new statutory provisions, which could complicate legal interpretations in the future​.

A recommended amendment would be to clarify the scope of negligence in the bill’s language, ensuring that businesses cannot evade responsibility for risks they should have reasonably addressed. Additionally, periodic safety audits could be required to balance liability protection with consumer safety. With these modifications, the bill would better serve its intended purpose of reducing unnecessary litigation while ensuring fair protections for both businesses and patrons. Given these considerations, thought Texas Policy Research recommends lawmakers vote YES on SB 1119, we also encourage lawmakers to consider amendments as described above.

• HB 2613 (Same As)