BILL ANALYSIS |
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C.S.H.B. 5624 |
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By: Buckley |
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Judiciary & Civil Jurisprudence |
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Committee Report (Substituted) |
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BACKGROUND AND PURPOSE
The bill author has informed the committee that 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. The bill author has informed the committee that 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, the bill author has further informed the committee that 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. C.S.H.B. 5624 seeks to address this issue by providing legal liability protections for motocross tracks in Texas.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 5624 amends the Civil Practice and Remedies Code to exempt a motorized off-road vehicle entity from liability to any person for a motorized off-road vehicle activity participant injury, if, at the time of the injury, the warning prescribed by the bill's provisions was posted in accordance with those provisions. The bill's provisions expressly do not limit liability for an injury intentionally caused by the motorized off-road vehicle entity or an injury proximately caused by any of the following: · the motorized off-road vehicle entity's gross negligence or intentional misconduct with regard to the safety of the motorized off-road vehicle area or the motorized off-road vehicle activity participant, or negligence with regard to a motorized off-road vehicle or related equipment provided by the entity to the participant; · a potentially dangerous condition at the motorized off-road vehicle area, other than a potentially dangerous condition inherent to driving a vehicle in a motorized off-road vehicle area, including unstable roads, surfaces, or subsurfaces or natural or man-made obstacles, of which the motorized off-road vehicle entity knew or reasonably should have known; or · the motorized off-road vehicle entity's failure to train or improper training of an employee of the motorized off-road vehicle entity actively involved in the motorized off-road vehicle area or a motorized off-road vehicle activity. The bill establishes that the doctrine of attractive nuisance does not apply to a claim that is subject to the bill's provisions.
C.S.H.B. 5624 requires a motorized off-road vehicle entity, for purposes of the bill's limitation of liability, to post and maintain a sign in a clearly visible location at an entrance to a motorized off-road vehicle area. The bill prescribes the language for such a sign.
C.S.H.B. 5624 defines the following terms for purposes of the bill's provisions: · "motorized off-road vehicle" as any vehicle with two to four wheels, powered by a combustion engine or an electric motor, weighing 8,000 pounds or less, and designed to drive on unpaved roads and surfaces; · "motorized off-road vehicle activity" as an activity involving motorized off-road vehicles at a motorized off-road vehicle area for recreational or educational purposes; · "motorized off-road vehicle activity participant" as an individual, other than an employee of a motorized off-road vehicle entity, who engages in a motorized off-road vehicle activity, not including a spectator of a motorized off-road vehicle activity unless the spectator enters an unauthorized area or intentionally places himself or herself in immediate proximity to the activity; · "motorized off-road vehicle activity participant injury" as an injury sustained by a motorized off-road vehicle activity participant, including bodily injury, emotional distress, death, property damage, or any other loss arising from the person's participation in a motorized off-road vehicle activity; · "motorized off-road vehicle area" as a commercial property designed to provide recreation or education related to driving a motorized off-road vehicle on unpaved roads or surfaces, including driving instruction, practices, competitions, or performances or group driving activities such as tours, hunts, or races; and ·
"motorized off-road vehicle entity" as an individual
or an entity, including an employee or a volunteer, engaged in the business
of owning, operating, or leasing a motorized
C.S.H.B. 5624 applies only to a cause of action that accrues on or after the bill's effective date.
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EFFECTIVE DATE
September 1, 2025.
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COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 5624 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
The substitute revises the provision of the introduced establishing that the bill's provisions expressly do not limit liability for an injury proximately caused by certain factors related to a motorized off road vehicle entity as follows: ·
replaces as a factor the entity's negligence with regard to the
safety of the motorized · changes the exception to the factor of a potentially dangerous conditions at the motorized off-road vehicle area of which the motorized off-road vehicle entity knew or reasonably should have known from the exception of potentially dangerous conditions inherent to driving a vehicle on unpaved roads or surfaces, as in the introduced, to a potentially dangerous condition inherent to driving a vehicle in a motorized off-road vehicle area.
The substitute revises the definitions of the following terms as they appeared in the introduced: ·
with respect to the definition of "motorized off-road
vehicle activity participant," changes the specification that the term
does not include a spectator of a motorized · expands the definition of "motorized off-road vehicle entity" from a person engaged in the business of owning or operating a motorized off-road vehicle area, as in the introduced, to an individual or an entity, including an employee or a volunteer, engaged in the business of owning, operating, or leasing a motorized off-road vehicle area or sponsoring, sanctioning, endorsing, or officiating a motorized off-road vehicle activity.
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