89S10593 KRM-D     By: Hickland H.B. No. 248       A BILL TO BE ENTITLED   AN ACT   relating to campground emergency safety certification   requirements; providing a civil penalty.          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 762 to read as follows:   CHAPTER 762.  CAMPGROUND SAFETY          Sec. 762.001.  DEFINITIONS.  In this chapter:                (1)  "Campground" means a commercial property designed   to provide cabins for transient overnight guest use or areas for   locating recreational vehicles or tents for transient overnight   guest use.                (2)  "Campground operator" means a person who owns,   operates, controls, or supervises a campground, regardless of   profit.                (3)  "Division" means the Texas Division of Emergency   Management.          Sec. 762.002.  EMERGENCY SAFETY CERTIFICATION REQUIRED. A   campground operator may not operate a campground in this state   unless the operator holds for the campground an emergency safety   certification issued under this chapter and rules adopted under   this chapter.           Sec. 762.003.  EMERGENCY SAFETY CERTIFICATION PROGRAM AND   STANDARDS. (a)  The division shall establish an emergency safety   certification program for campgrounds.           (b)  The division by rule shall prescribe the requirements   for issuance of an emergency safety certification under the   program.  The rules must:                (1)  require each campground operator to develop and   implement an emergency preparedness plan and submit the plan to the   division for approval; and                 (2)  prescribe:                      (A)  the information to be included in an   emergency preparedness plan;                       (B)  the form and manner for a campground operator   to submit the plan to the division for approval; and                      (C)  the procedure for correcting and   resubmitting to the division a plan the division does not approve.          (c)  An emergency preparedness plan must:                 (1)  require each cabin at the campground to be   equipped with a device adequate to allow communication by   campground guests during an emergency without regard to access to   landline technologies or cell tower connectivity, including:                      (A)  portable satellite communications equipment;   or                       (B)  radios;                 (2)  require the campground operator to post in a   conspicuous location at or near the entrance of each cabin a sign   informing campground guests of the procedures for safely evacuating   in the event of an emergency; and                (3)  include any additional measures the division   considers necessary.           Sec. 762.004.  CIVIL PENALTY. (a)  An owner or operator of a   campground who fails to comply with this chapter is liable to this   state for a civil penalty of $1,000 for each violation.  Each day a   violation continues constitutes a separate violation.          (b)  The attorney general may sue to collect the penalty and   may recover attorney's fees and costs incurred in bringing an   action under this section.          SECTION 2.  Not later than March 1, 2026, the Texas Division   of Emergency Management shall adopt rules required by Chapter 762,   Health and Safety Code, as added by this Act.          SECTION 3.  Notwithstanding Section 762.002, Health and   Safety Code, as added by this Act, a campground operator is not   required to hold an emergency safety certification for a campground   as required by that section until May 1, 2026.          SECTION 4.  This Act takes effect on the 91st day after the   last day of the legislative session.