2009 Texas Code
CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
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.