89S20134 MCF-D     By: Darby H.B. No. 63       A BILL TO BE ENTITLED   AN ACT   relating to requirements for campgrounds located in a floodway;   authorizing an administrative penalty; providing a private cause of   action.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 9, Health and Safety Code, is   amended by adding Chapter 761 to read as follows:   CHAPTER 761. CAMPGROUNDS          Sec. 761.001.  DEFINITIONS. In this chapter:                (1)  "Campground" means a public or private property   designed to provide cabins for transient guest use or areas for   locating a tent, tent trailer, pickup camper, recreational vehicle,   trailer, or other equipment designed for camping for transient   guest use.                (2)  "Campground entity" means a person engaged in the   business of owning or operating a campground.                (3)  "Division" means the Texas Division of Emergency   Management.                (4)  "Floodway" means an area identified on the most   recent flood hazard map published by the Federal Emergency   Management Agency under the National Flood Insurance Act of 1968   (42 U.S.C. Section 4001 et seq.) as a regulatory floodway,   including the channel of a river or other watercourse and the   adjacent land areas reserved for the discharge of a 100-year flood   without cumulatively increasing the water surface elevation more   than a designated height.          Sec. 761.002.  REQUIRED APPROVAL OF CAMPGROUND CONSTRUCTION   IN FLOODWAY. (a) This section applies only to a campground for   which a construction permit is issued or, if a permit is not   required, construction begins on or after March 1, 2026.          (b)  A campground entity may not construct or expand a   campground or a campground structure, including a temporary   structure used for overnight accommodations, at a location within a   floodway unless:                (1)  the entity submits to the division in the form and   manner the division prescribes the entity's construction plans; and                (2)  the division approves the entity's plans.          (c)  The division shall review and approve a campground   entity's construction plans submitted under Subsection (b) if the   division determines the plans:                (1)  minimize or prevent flooding of the campground or   any campground structure;                (2)  allow for the safe evacuation of campground   occupants;                (3)  provide access routes for emergency responders   entering the campground; and                (4)  meet any other requirements prescribed by division   rule.          (d)  The division shall adopt rules to implement this   section, including rules prescribing:                (1)  campground structure standards and the compliance   required for approval of a campground entity's construction plans;                (2)  the form and manner for a campground entity to   submit to the division the entity's construction plans; and                (3)  procedures for reviewing and approving a   campground entity's construction plans, including procedures   allowing the entity to revise and resubmit plans the division   determines are insufficient.          Sec. 761.003.  FLOODWAY NOTICE REQUIRED. A campground   entity shall conspicuously post on the entity's Internet website   notice of:                (1)  each entity campground located wholly or partly in   a floodway; and                (2)  for a campground located partly in a floodway, the   specific campground areas and structures within the floodway.          Sec. 761.004.  ADMINISTRATIVE PENALTY. (a) The division   may assess an administrative penalty in an amount not to exceed   $1,000 against a campground entity for each violation of Section   761.002 or 761.003.          (b)  Each day a violation continues or occurs is a separate   violation for purposes of imposing an administrative penalty under   this section.          (c)  On request by the division, the attorney general may   file suit against a campground entity to recover an administrative   penalty assessed under this section. The attorney general may   recover, on behalf of the attorney general and the division,   reasonable expenses and costs.          Sec. 761.005.  CIVIL ACTION. (a) A campground entity that   violates Section 761.002 or 761.003 is liable in a civil action for   personal injury, death, or other damages caused to a person by the   violation.          (b)  A court may award a prevailing claimant reasonable and   necessary attorney's fees and costs incurred in bringing an action   under this section.          SECTION 2.  As soon as possible after the effective date of   this Act, the Texas Division of Emergency Management shall adopt   the rules required by Chapter 761, Health and Safety Code, as added   by this Act.          SECTION 3.  (a)  Notwithstanding Section 761.002 or   761.003, Health and Safety Code, as added by this Act, a campground   entity is not required to comply with those sections until March 1,   2026.          (b)  Section 761.005, Health and Safety Code, as added by   this Act, applies only to a cause of action that accrues on or after   March 1, 2026.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect on the 91st day after the last day of the   legislative session.