BILL ANALYSIS
Senate Research Center |
H.B. 5624 |
89R25303 AMF-F |
By: Buckley et al. (Perry) |
|
State Affairs |
|
5/21/2025 |
|
Engrossed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Motocross attracts riders of all ages across Texas, even though it involves high-speed movement, challenging terrain, and complex maneuvers that can lead to accidents despite safety precautions. Under current state law, local rodeo grounds enjoy specific legal protections shielding them from liability when injuries occur during the normal course of livestock activities. These laws recognize the inherent dangers of such sports and aim to protect these facilities from burdensome litigation that could threaten their ability to operate. However, comparable protections do not currently exist for motocross tracks in Texas, making these facilities vulnerable to lawsuits that can stem from the very nature of the sport they host. H.B. 5624 seeks to address this issue by providing legal liability protections for motocross tracks in Texas.
H.B. 5624 amends current law relating to the liability of a motorized off-road vehicle entity for injuries arising from certain activities.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Title 4, Civil Practice and Remedies Code, by adding Chapter 75E, as follows:
CHAPTER 75E. LIMITED LIABILITY FOR MOTORIZED OFF-ROAD VEHICLE ACTIVITIES
Sec. 75E.001. DEFINITIONS. Defines "motorized off-road vehicle," "motorized off-road vehicle activity," "motorized off-road vehicle activity participant," "motorized off-road vehicle activity participant injury," "motorized off-road vehicle area," and "motorized off-road vehicle entity."
Sec. 75E.002. LIMITED LIABILITY. (a) Provides that, except as provided by Subsection (b), a motorized off-road vehicle entity is not liable to any person for a motorized off-road vehicle activity participant injury, if, at the time of the motorized off-road vehicle activity participant injury, the warning prescribed by Section 75E.003 was posted in accordance with that section.
(b) Provides that this section does not limit liability for certain injuries.
(c) Provides that the doctrine of attractive nuisance does not apply to a claim that is subject to this section.
Sec. 75E.003. POSTED WARNING. Requires a motorized off-road vehicle entity, for the purposes of limitation of liability under Section 75E.002(a), to post and maintain a sign in a clearly visible location at an entrance to a motorized off-road vehicle area. Sets forth the required language of the sign.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2025.