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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of a motorized off-road vehicle entity |
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for injuries arising from certain activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 75E to read as follows: |
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CHAPTER 75E. LIMITED LIABILITY FOR MOTORIZED OFF-ROAD VEHICLE |
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ACTIVITIES |
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Sec. 75E.001. DEFINITIONS. In this chapter: |
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(1) "Motorized off-road vehicle" means any vehicle: |
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(A) with two to four wheels; |
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(B) powered by a combustion engine or an electric |
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motor; |
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(C) weighing 8,000 pounds or less; and |
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(D) designed to drive on unpaved roads and |
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surfaces. |
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(2) "Motorized off-road vehicle activity" means an |
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activity involving motorized off-road vehicles at a motorized |
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off-road vehicle area for recreational or educational purposes. |
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(3) "Motorized off-road vehicle activity participant" |
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means an individual, other than an employee of a motorized off-road |
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vehicle entity, who engages in a motorized off-road vehicle |
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activity. The term does not include a spectator of a motorized |
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off-road vehicle activity unless the spectator enters an |
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unauthorized area or intentionally places himself or herself in |
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immediate proximity to the activity. |
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(4) "Motorized off-road vehicle activity participant |
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injury" means an injury sustained by a motorized off-road vehicle |
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activity participant, including bodily injury, emotional distress, |
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death, property damage, or any other loss arising from the person's |
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participation in a motorized off-road vehicle activity. |
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(5) "Motorized off-road vehicle area" means a |
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commercial property designed to provide recreation or education |
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related to driving a motorized off-road vehicle on unpaved roads or |
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surfaces, including driving instruction, practices, competitions, |
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or performances or group driving activities such as tours, hunts, |
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or races. |
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(6) "Motorized off-road vehicle entity" means an |
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individual or an entity, including an employee or a volunteer: |
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(A) engaged in the business of owning, operating, |
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or leasing a motorized off-road vehicle area; or |
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(B) sponsoring, sanctioning, endorsing, or |
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officiating a motorized off-road vehicle activity. |
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Sec. 75E.002. LIMITED LIABILITY. (a) Except as provided by |
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Subsection (b), a motorized off-road vehicle entity is not liable |
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to any person for a motorized off-road vehicle activity participant |
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injury, if, at the time of the motorized off-road vehicle activity |
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participant injury, the warning prescribed by Section 75E.003 was |
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posted in accordance with that section. |
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(b) This section does not limit liability for an injury: |
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(1) proximately caused by: |
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(A) the motorized off-road vehicle entity's: |
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(i) gross negligence or intentional |
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misconduct with regard to the safety of the motorized off-road |
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vehicle area or the motorized off-road vehicle activity |
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participant; or |
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(ii) negligence with regard to a motorized |
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off-road vehicle or related equipment provided by the entity to the |
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participant; |
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(B) a potentially dangerous condition at the |
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motorized off-road vehicle area, other than a potentially dangerous |
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condition inherent to driving a vehicle in a motorized off-road |
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vehicle area, including unstable roads, surfaces, or subsurfaces or |
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natural or man-made obstacles, of which the motorized off-road |
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vehicle entity knew or reasonably should have known; or |
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(C) the motorized off-road vehicle entity's |
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failure to train or improper training of an employee of the |
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motorized off-road vehicle entity actively involved in the |
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motorized off-road vehicle area or a motorized off-road vehicle |
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activity; or |
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(2) intentionally caused by the motorized off-road |
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vehicle entity. |
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(c) The doctrine of attractive nuisance does not apply to a |
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claim made by a person for an injury that occurred in a motorized |
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off-road vehicle area. |
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Sec. 75E.003. POSTED WARNING. For the purposes of |
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limitation of liability under Section 75E.002(a), a motorized |
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off-road vehicle entity must post and maintain a sign in a clearly |
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visible location at an entrance to a motorized off-road vehicle |
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area. The sign must contain the following language: |
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WARNING |
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TEXAS LAW (CHAPTER 75E, CIVIL PRACTICE AND REMEDIES CODE) LIMITS |
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THE LIABILITY OF A MOTORIZED OFF-ROAD VEHICLE ENTITY FOR INJURIES |
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OR DEATH OF A MOTORIZED OFF-ROAD VEHICLE ACTIVITY PARTICIPANT |
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RESULTING FROM A MOTORIZED OFF-ROAD VEHICLE ACTIVITY. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |
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* * * * * |