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89(R) HB 5624 - Enrolled version - Bill Text
H.B. No. 5624
AN ACT
relating to the liability of a motorized off-road vehicle entity
for injuries arising from certain activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 75E to read as follows:
CHAPTER 75E.
LIMITED LIABILITY FOR MOTORIZED OFF-ROAD VEHICLE
ACTIVITIES
Sec. 75E.001. DEFINITIONS. In this chapter:
(1) "Motorized off-road vehicle" means any vehicle:
(A) with two to four wheels;
(B)
powered by a combustion engine or an electric
motor;
(C) weighing 8,000 pounds or less; and
(D)
designed to drive on unpaved roads and
surfaces.
(2)
"Motorized off-road vehicle activity" means an
activity involving motorized off-road vehicles at a motorized
off-road vehicle area for recreational or educational purposes.
(3)
"Motorized off-road vehicle activity participant"
means an individual, other than an employee of a motorized off-road
vehicle entity, who engages in a motorized off-road vehicle
activity.
The term does not include 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.
(4)
"Motorized off-road vehicle activity participant
injury" means 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.
(5)
"Motorized off-road vehicle area" means 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.
(6)
"Motorized off-road vehicle entity" means an
individual or an entity, including an employee or a volunteer:
(A)
engaged in the business of owning, operating,
or leasing a motorized off-road vehicle area; or
(B)
sponsoring, sanctioning, endorsing, or
officiating a motorized off-road vehicle activity.
Sec.
75E.002.
LIMITED LIABILITY. (a)
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) This section does not limit liability for an injury:
(1) proximately caused by:
(A) the motorized off-road vehicle entity's:
(i)
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
(ii)
negligence with regard to a motorized
off-road vehicle or related equipment provided by the entity to the
participant;
(B)
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
(C)
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; or
(2)
intentionally caused by the motorized off-road
vehicle entity.
(c)
The doctrine of attractive nuisance does not apply to a
claim made by a person for an injury that occurred in a motorized
off-road vehicle area.
Sec.
75E.003.
POSTED WARNING. For the purposes of
limitation of liability under Section 75E.002(a), a motorized
off-road vehicle entity must post and maintain a sign in a clearly
visible location at an entrance to a motorized off-road vehicle
area.
The sign must contain the following language:
WARNING
TEXAS LAW (CHAPTER 75E, CIVIL PRACTICE AND REMEDIES CODE) LIMITS
THE LIABILITY OF A MOTORIZED OFF-ROAD VEHICLE ENTITY FOR INJURIES
OR DEATH OF A MOTORIZED OFF-ROAD VEHICLE ACTIVITY PARTICIPANT
RESULTING FROM A MOTORIZED OFF-ROAD VEHICLE ACTIVITY.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 5624 was passed by the House on May
16, 2025, by the following vote: Yeas 113, Nays 11, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 5624 on May 30, 2025, by the following vote: Yeas 125, Nays 10,
3 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5624 was passed by the Senate, with
amendments, on May 28, 2025, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor