Relating to requirements for campgrounds located in a floodway; authorizing an administrative penalty; providing a private cause of action.
Summary
HB 63 would create a new Chapter 761 in the Texas Health and Safety Code regulating campgrounds located in a floodway. For campgrounds built or expanded on or after March 1, 2026, a campground entity could not construct or expand a campground or campground structure in a floodway unless it first submits construction plans to the Texas Division of Emergency Management and receives approval. The division would have to approve plans that minimize or prevent flooding, allow safe evacuation, provide emergency responder access, and meet any additional rules adopted by the division.
The bill also requires campground entities to post website notices identifying any campground located wholly or partly in a floodway and, if only partly located there, the specific areas and structures affected. It authorizes the division to adopt implementing rules and to assess administrative penalties of up to $1,000 per violation, with each day treated as a separate violation. It also allows the attorney general to sue to recover penalties and costs, and creates a private civil cause of action for personal injury, death, or other damages caused by a violation, including attorney’s fees and costs for a prevailing claimant.
Impact
HB 63 would add a new regulatory framework to state law governing campground construction and disclosure in floodways, primarily amending the Health and Safety Code by creating Chapter 761. It would place the Texas Division of Emergency Management in charge of reviewing and approving campground construction plans in floodways, require rulemaking to set standards and procedures, and expose campground operators to administrative penalties and civil liability for noncompliance. The bill would affect campground owners and operators, especially those planning new construction or expansion in mapped floodway areas, and would apply prospectively to projects beginning on or after March 1, 2026.
Sentiment
The available context suggests the bill was treated as a flood-safety and disaster-preparedness measure, with no recorded committee debate or votes in the provided materials. Its referral to the Select Committee on Disaster Preparedness & Flooding indicates the bill was considered within a policy area focused on reducing flood risk and improving emergency response. Because no transcript or vote history is provided, there is no evidence here of formal opposition or support beyond the bill’s subject matter and referral.
Contention
The main points of potential contention are the added regulatory burden on campground businesses, the requirement for prior state approval of construction plans in floodways, and the new exposure to both administrative penalties and private lawsuits. Operators may view the notice and approval requirements as costly or restrictive, while supporters would likely emphasize flood safety, evacuation planning, and emergency access. Another possible issue is the breadth of the private cause of action, which allows damages and attorney’s fees for violations tied to injury or death.