2005 Texas Civil Practice & Remedies Code CHAPTER 75. LIMITATION OF LANDOWNERS\' LIABILITY

TITLE 4. LIABILITY IN TORT

CHAPTER 75. LIMITATION OF LANDOWNERS' LIABILITY


	§ 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;  or                                                          
			(O)  on-leash and off-leash walking of dogs.                                 
		(4)  "Governmental unit" has the meaning assigned by 
Section 101.001.       

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1989, 71st Leg., ch. 62, § 1, eff. Sept. 1, 1989;  Acts 
1989, 71st Leg., ch. 736, § 1, eff. Sept. 1, 1989;  Acts 1995, 
74th Leg., ch. 520, § 1, eff. Aug. 28, 1995;  Acts 1997, 75th 
Leg., ch. 56, § 1, eff. Sept. 1, 1997;  Acts 2005, 79th Leg., ch. 
116, § 1, eff. Sept. 1, 2005;  Acts 2005, 79th Leg., ch. 932, § 
1, eff. Sept. 1, 2005.


	§ 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;  and
		(3)  soap box derby 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) and (2) 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, 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.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1989, 71st Leg., ch. 62, § 2, eff. Sept. 1, 1989;  Acts 
1997, 75th Leg., ch. 56, § 2, eff. Sept. 1, 1997;  Acts 1999, 76th 
Leg., ch. 734, § 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 
204, § 21.01, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 739, 
§ 1, eff. Sept. 1, 2003;  Acts 2005, 79th Leg., ch. 116, § 2, 
eff. Sept. 1, 2005;  Acts 2005, 79th Leg., ch. 932, § 2, eff. 
Sept. 1, 2005.


	§ 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, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 832, § 5, eff. Sept. 1, 1987;  Acts 
1989, 71st Leg., ch. 62, § 3, eff. Sept. 1, 1989;  Acts 1995, 74th 
Leg., ch. 520, § 2, eff. Aug. 28, 1995;  Acts 1997, 75th Leg., ch. 
56, § 3, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 429, § 
1, eff. Sept. 1, 2003.


	§ 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, § 3, eff. Aug. 28, 1995.  
Amended by Acts 1997, 75th Leg., ch. 56, § 4, eff. Sept. 1, 1997;  
Acts 2005, 79th Leg., ch. 728, § 11.106, eff. Sept. 1, 2005.