1. (a) Except as provided by Subsection (b), a water park entity is not liable to any person for a water park participant injury if, at the time of the water park participant injury, the warning prescribed by Section 75D.003 was posted in accordance with that section.

2. (b) This section does not limit liability for an injury:

   1. (1) proximately caused by:

      1. (A) the water park entity's negligence with regard to the safety of the water park, water park activity, or water park participant;
      2. (B) a potentially dangerous condition at the water park, of which the water park entity knew or reasonably should have known; or
      3. (C) the water park entity's failure to train or improper training of an employee of the water park entity actively involved in the water park or a water park activity; or
   2. (2) intentionally caused by the water park entity.

Added by Acts 2025, 89th Leg., R.S., Ch. 99 (S.B. 1119), Sec. 1, eff. May 21, 2025.