SB 847

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest

SB 847 establishes Chapter 75C in the Texas Civil Practice and Remedies Code to limit the liability of cavern owners and operators (referred to as "cavern entities") for injuries sustained by individuals engaging in recreational or educational cavern activities. The bill defines key terms such as "cavern activity," "cavern entity," and "cavern activity participant injury" and provides that cavern entities are not liable for injuries sustained by participants if they have posted a warning sign in a clearly visible location. However, this limitation on liability does not apply in cases where injuries are proximately caused by the cavern entity’s negligence, failure to address known dangerous conditions, improper employee training, or intentional misconduct.

The bill aims to protect businesses operating commercial caverns from excessive liability while ensuring that participants assume responsibility for inherent risks.

Author (1)
Donna Campbell
Fiscal Notes

According to the Legislative Budget Board’s (LBB) analysis, any administrative costs associated with the implementation of this bill could be absorbed using existing resources, meaning no additional appropriations or funding adjustments would be required. The bill primarily affects private cavern businesses rather than state-funded operations, further limiting any potential financial burden on government agencies.

Additionally, the bill is not expected to impose any significant costs on local governments. While municipal or county authorities may interact with cavern entities through tourism promotion or safety regulations, the limited liability provisions do not create new enforcement requirements or financial responsibilities for local entities. The analysis also considered input from the Office of Court Administration and the Texas Parks and Wildlife Department, both of which confirmed that the bill would not materially impact their operations or budgets. As a result, S.B. 847 is fiscally neutral and does not require additional taxpayer funding.

Vote Recommendation Notes

SB 847 effectively balances liability protections for cavern businesses while preserving necessary legal accountability in cases of negligence or misconduct. The bill supports economic growth in Texas by protecting cavern entities from excessive liability lawsuits while ensuring they maintain basic safety standards. This measure aligns with existing liability frameworks for other tourism-related industries, such as recreational vehicle parks, helping to standardize protections for businesses that operate in natural recreational settings.

From a liberty-oriented perspective, the bill promotes individual responsibility by ensuring that participants engaging in cavern activities assume inherent risks associated with the environment. By requiring clearly posted warning signs, SB 847 ensures transparency while allowing individuals to make informed decisions about their participation. However, the bill does not absolve cavern entities of all responsibility, as they remain liable for negligence, known hazardous conditions, improper training, or intentional harm. This maintains a fair balance between business protection and consumer safety.

The bill’s straightforward liability framework reduces legal uncertainty, helping Texas maintain a business-friendly environment while protecting property owners from frivolous lawsuits. Given its alignment with principles of personal responsibility, free enterprise, and limited government, Texas Policy Research recommends lawmakers vote YES on SB 847.

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