Texas Recreational Use Statute
TEXAS STATUTES AND CODES
CIVIL PRACTICE AND REMEDIES CODE
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;
(I) nature study, including bird-watching;
(J) cave exploration;
(K) waterskiing and other water sports; or
(L) any other activity associated with enjoying
nature or the outdoors.
(4) "Governmental unit" has the meaning
assigned by Section 101.001.
HISTORY: 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.
Amended by Acts 1997, 75th Leg., ch. 56, § 1, eff. Sept. 1, 1997.
§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 inside a facility owned, operated, or maintained by
a municipality:
(1) hockey and in-line hockey; and
(2) skating, in-line skating, roller-skating,
skateboarding, and roller-blading.
(f) Subsection (e) limits the liability of a
municipality only for those damages arising directly from a recreational
activity described in Subsection (e) but does not limit the liability of a
municipality for gross negligence or acts conducted in bad faith or with
malicious intent.
(g) Any municipality that owns, operates, or
maintains a facility in which the recreational activities described in
Subsection (e) are conducted shall post and maintain a clearly readable sign
in a clearly visible location on or near the building. The sign shall contain
the following warning language:
WARNING: TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND
REMEDIES CODE) LIMITS THE LIABILITY OF A MUNICIPALITY THAT OWNS, OPERATES, OR
MAINTAINS A FACILITY IN WHICH HOCKEY, IN-LINE HOCKEY, SKATING, IN-LINE SKATING,
ROLLER-SKATING, SKATEBOARDING, OR ROLLER-BLADING ARE CONDUCTED FOR DAMAGES
ARISING DIRECTLY FROM SUCH RECREATIONAL ACTIVITIES.
HISTORY: Acts 1985, 69th Leg., ch. 959, § 1, eff.
Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 62, § 2, eff. Sept. 1,
1989.
Amended by Acts 1997, 75th Leg., ch. 56, § 2, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 734, § 1, eff. Sept. 1, 1999.
§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:
(A) twice the total amount of ad valorem taxes
imposed on the premises for the previous calendar year; or
(B) four times the total amount of ad valorem
taxes imposed on the premises for the previous calendar year, in the case
of agricultural land; 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).
HISTORY: 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.
Amended by Acts 1997, 75th Leg., ch. 56, § 3, eff. Sept. 1, 1997.
§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 Article 21.21, 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.
HISTORY: 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.
SUPPLEMENTAL INFORMATION
ADDITIONAL INFORMATION: Text of Code also
available at http://www.capitol.state.tx.us/statutes/ci/ci007500toc.html
on 11/19/00.
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