CHAPTER 75. LIMITATION OF LANDOWNERS' LIABILITY
CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 75. LIMITATION OF LANDOWNERS' LIABILITY
Sec. 75.001. DEFINITIONS. In this chapter:
(1) "Agricultural land" means land that is located in this state
and that is suitable for:
(A) use in production of plants and fruits grown for human or
animal consumption, or plants grown for the production of fibers,
floriculture, viticulture, horticulture, or planting seed;
(B) forestry and the growing of trees for the purpose of
rendering those trees into lumber, fiber, or other items used for
industrial, commercial, or personal consumption; or
(C) domestic or native farm or ranch animals kept for use or
profit.
(2) "Premises" includes land, roads, water, watercourse, private
ways, and buildings, structures, machinery, and equipment
attached to or located on the land, road, water, watercourse, or
private way.
(3) "Recreation" means an activity such as:
(A) hunting;
(B) fishing;
(C) swimming;
(D) boating;
(E) camping;
(F) picnicking;
(G) hiking;
(H) pleasure driving, including off-road motorcycling and
off-road automobile driving and the use of all-terrain vehicles;
(I) nature study, including bird-watching;
(J) cave exploration;
(K) waterskiing and other water sports;
(L) any other activity associated with enjoying nature or the
outdoors;
(M) bicycling and mountain biking;
(N) disc golf;
(O) on-leash and off-leash walking of dogs; or
(P) radio control flying and related activities.
(4) "Governmental unit" has the meaning assigned by Section
101.001.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 62, Sec. 1, eff. Sept. 1,
1989; Acts 1989, 71st Leg., ch. 736, Sec. 1, eff. Sept. 1, 1989;
Acts 1995, 74th Leg., ch. 520, Sec. 1, eff. Aug. 28, 1995; Acts
1997, 75th Leg., ch. 56, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
116, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
932, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
659, Sec. 1, eff. June 15, 2007.
Sec. 75.002. LIABILITY LIMITED. (a) An owner, lessee, or
occupant of agricultural land:
(1) does not owe a duty of care to a trespasser on the land; and
(2) is not liable for any injury to a trespasser on the land,
except for wilful or wanton acts or gross negligence by the
owner, lessee, or other occupant of agricultural land.
(b) If an owner, lessee, or occupant of agricultural land gives
permission to another or invites another to enter the premises
for recreation, the owner, lessee, or occupant, by giving the
permission, does not:
(1) assure that the premises are safe for that purpose;
(2) owe to the person to whom permission is granted or to whom
the invitation is extended a greater degree of care than is owed
to a trespasser on the premises; or
(3) assume responsibility or incur liability for any injury to
any individual or property caused by any act of the person to
whom permission is granted or to whom the invitation is extended.
(c) If an owner, lessee, or occupant of real property other than
agricultural land gives permission to another to enter the
premises for recreation, the owner, lessee, or occupant, by
giving the permission, does not:
(1) assure that the premises are safe for that purpose;
(2) owe to the person to whom permission is granted a greater
degree of care than is owed to a trespasser on the premises; or
(3) assume responsibility or incur liability for any injury to
any individual or property caused by any act of the person to
whom permission is granted.
(d) Subsections (a), (b), and (c) shall not limit the liability
of an owner, lessee, or occupant of real property who has been
grossly negligent or has acted with malicious intent or in bad
faith.
(e) In this section, "recreation" means, in addition to its
meaning under Section 75.001, the following activities only if
the activities take place on premises owned, operated, or
maintained by a governmental unit for the purposes of those
activities:
(1) hockey and in-line hockey;
(2) skating, in-line skating, roller-skating, skateboarding, and
roller-blading;
(3) soap box derby use; and
(4) paintball use.
(f) Notwithstanding Subsections (b) and (c), if a person enters
premises owned, operated, or maintained by a governmental unit
and engages in recreation on those premises, the governmental
unit does not owe to the person a greater degree of care than is
owed to a trespasser on the premises.
(g) Any premises a governmental unit owns, operates, or
maintains and on which the recreational activities described in
Subsections (e)(1)-(4) are conducted shall post and maintain a
clearly readable sign in a clearly visible location on or near
the premises. The sign shall contain the following warning
language:
WARNING
TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE) LIMITS
THE LIABILITY OF A GOVERNMENTAL UNIT FOR DAMAGES ARISING DIRECTLY
FROM HOCKEY, IN-LINE HOCKEY, SKATING, IN-LINE SKATING,
ROLLER-SKATING, SKATEBOARDING, ROLLER-BLADING, PAINTBALL USE, OR
SOAP BOX DERBY USE ON PREMISES THAT THE GOVERNMENTAL UNIT OWNS,
OPERATES, OR MAINTAINS FOR THAT PURPOSE.
(h) An owner, lessee, or occupant of real property in this state
is liable for trespass as a result of migration or transport of
any air contaminant, as defined in Section 382.003(2), Health and
Safety Code, other than odor, only upon a showing of actual and
substantial damages by a plaintiff in a civil action.
(i) Subsections (b) and (c) do not affect any liability of an
owner, lessee, or occupant of real property for an injury
occurring outside the boundaries of the real property caused by
an activity described by Section 75.001(3)(P) that originates
within the boundaries of the real property.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 62, Sec. 2, eff. Sept. 1,
1989; Acts 1997, 75th Leg., ch. 56, Sec. 2, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1999; Acts
2003, 78th Leg., ch. 204, Sec. 21.01, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 739, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
116, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
932, Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
227, Sec. 1, eff. May 25, 2007.
Acts 2007, 80th Leg., R.S., Ch.
659, Sec. 2, eff. June 15, 2007.
Sec. 75.0021. LIMITED LIABILITY OF CERTAIN PUBLIC UTILITIES.
(a) In this section:
(1) "Person" includes an individual as defined by Section
71.001.
(2) "Public utility" means an electric utility as defined by
Section 31.002, Utilities Code.
(b) A public utility that, as the owner, easement holder,
occupant, or lessee of land, signs an agreement with a
municipality, county, or political subdivision to allow public
access to or use of the premises for recreation by allowing the
public access or use does not assume responsibility or incur
liability beyond that provided by Chapter 75 of the Civil
Practice and Remedies Code to a third party who enters the
premises for recreation to the extent the municipality, county,
or political subdivision purchases a general liability insurance
policy in amounts required by Chapter 75 of the Civil Practice
and Remedies Code insuring the public utility for liability
arising from the condition of the premises for such recreational
use.
(c) This section applies only to a public utility located in:
(1) a county with a population of 600,000 or more and located on
the international border; or
(2) a municipal management district located in a municipality
with a population of more than 1.9 million.
Added by Acts 2009, 81st Leg., R.S., Ch.
329, Sec. 1, eff. June 19, 2009.
Sec. 75.003. APPLICATION AND EFFECT OF CHAPTER. (a) This
chapter does not relieve any owner, lessee, or occupant of real
property of any liability that would otherwise exist for
deliberate, wilful, or malicious injury to a person or to
property.
(b) This chapter does not affect the doctrine of attractive
nuisance, except that the doctrine may not be the basis for
liability of an owner, lessee, or occupant of agricultural land
for any injury to a trespasser over the age of 16 years.
(c) Except for a governmental unit, this chapter applies only to
an owner, lessee, or occupant of real property who:
(1) does not charge for entry to the premises;
(2) charges for entry to the premises, but whose total charges
collected in the previous calendar year for all recreational use
of the entire premises of the owner, lessee, or occupant are not
more than 20 times the total amount of ad valorem taxes imposed
on the premises for the previous calendar year; or
(3) has liability insurance coverage in effect on an act or
omission described by Section 75.004(a) and in the amounts equal
to or greater than those provided by that section.
(d) This chapter does not create any liability.
(e) Except as otherwise provided, this chapter applies to a
governmental unit.
(f) This chapter does not waive sovereign immunity.
(g) To the extent that this chapter limits the liability of a
governmental unit under circumstances in which the governmental
unit would be liable under Chapter 101, this chapter controls.
(h) In the case of agricultural land, an owner, lessee, or
occupant of real property who does not charge for entry to the
premises because the individuals entering the premises for
recreation are invited social guests satisfies the requirement of
Subsection (c)(1).
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 832, Sec. 5, eff. Sept. 1,
1987; Acts 1989, 71st Leg., ch. 62, Sec. 3, eff. Sept. 1, 1989;
Acts 1995, 74th Leg., ch. 520, Sec. 2, eff. Aug. 28, 1995; Acts
1997, 75th Leg., ch. 56, Sec. 3, eff. Sept. 1, 1997; Acts 2003,
78th Leg., ch. 429, Sec. 1, eff. Sept. 1, 2003.
Sec. 75.004. LIMITATION ON MONETARY DAMAGES FOR PRIVATE
LANDOWNERS. (a) Subject to Subsection (b), the liability of an
owner, lessee, or occupant of agricultural land used for
recreational purposes for an act or omission by the owner,
lessee, or occupant relating to the premises that results in
damages to a person who has entered the premises is limited to a
maximum amount of $500,000 for each person and $1 million for
each single occurrence of bodily injury or death and $100,000 for
each single occurrence for injury to or destruction of property.
In the case of agricultural land, the total liability of an
owner, lessee, or occupant for a single occurrence is limited to
$1 million, and the liability also is subject to the limits for
each single occurrence of bodily injury or death and each single
occurrence for injury to or destruction of property stated in
this subsection.
(b) This section applies only to an owner, lessee, or occupant
of agricultural land used for recreational purposes who has
liability insurance coverage in effect on an act or omission
described by Subsection (a) and in the amounts equal to or
greater than those provided by Subsection (a). The coverage may
be provided under a contract of insurance or other plan of
insurance authorized by statute. The limit of liability insurance
coverage applicable with respect to agricultural land may be a
combined single limit in the amount of $1 million for each single
occurrence.
(c) This section does not affect the liability of an insurer or
insurance plan in an action under Chapter 541, Insurance Code, or
an action for bad faith conduct, breach of fiduciary duty, or
negligent failure to settle a claim.
(d) This section does not apply to a governmental unit.
Added by Acts 1995, 74th Leg., ch. 520, Sec. 3, eff. Aug. 28,
1995. Amended by Acts 1997, 75th Leg., ch. 56, Sec. 4, eff. Sept.
1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 11.106, eff. September 1, 2005.
Sec. 75.006. LIABILITY LIMITED FOR ACTIONS OF FIREFIGHTER OR
PEACE OFFICER. (a) In this section:
(1) "Firefighter" means a member of a fire department who
performs a function listed in Section 419.021(3)(C), Government
Code.
(2) "Livestock" has the meaning assigned by Section 1.003,
Agriculture Code.
(3) "Peace officer" has the meaning assigned by Section 1.07,
Penal Code, or other state or federal law.
(b) A landowner is not liable for damages arising from an
incident or accident caused by livestock of the landowner due to
an act or omission of a firefighter or a peace officer who has
entered the landowner's property with or without the permission
of the landowner, regardless of whether the damage occurs on the
landowner's property.
Added by Acts 2009, 81st Leg., R.S., Ch.
786, Sec. 1, eff. September 1, 2009.