§ 75C.001.Definitions
Title 4. Liability in Tort · Chapter 75C. Limited Liability for Cavern Activities · Last amended 2025 · Last verified August 29, 2026
Full Text of § 75C.001
Plain-English Summary
Five definitions for a 2025 chapter, and two words in them do the limiting.
"Cavern area" means a commercial property with a natural cavern designed to provide cavern access for cavern activities.
"Natural" excludes mines and other artificial excavations, and "commercial" excludes a landowner who lets people into a cave on their property without operating a business — that person is covered by the recreational use statute instead.
Texas has a substantial commercial show-cave industry, and this chapter was written for it.
"Cavern activity" means an activity inside a cavern at a cavern area for recreational or educational purposes. Note the confinement to activities inside the cavern — the gift shop and the car park are not cavern activities.
"Cavern activity participant" excludes an employee of the entity, and "cavern entity" is a person engaged in the business of owning or operating a cavern area.
"Participant injury" uses the standard formula — bodily injury, emotional distress, death, property damage, or any other loss arising from participation.
The definitions follow the 2023 campground template closely, which itself followed the 2015 agritourism one.
Frequently Asked Questions
What is a cavern area under this chapter?
A commercial property with a natural cavern designed to provide cavern access for cavern activities.
Does it cover a cave on private land?
Only if operated commercially. A landowner allowing access without operating a business is covered by the recreational use statute instead.
Does it cover the whole site?
No. A cavern activity is one inside the cavern at the cavern area.
Amendment History
- Added by Acts 2025, 89th Leg., R.S., Ch. 264 (H.B. 1130), Sec. 1, eff. May 29, 2025.