Buckley Bill Shields Off-Road Parks That Post A Warning Sign

The text as introduced · 641 words

89R11799 AMF-F

By: Buckley
H.B. No. 5624

A BILL TO BE ENTITLED

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 and is 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 a person

engaged in the business of owning or operating a motorized off-road

vehicle area.

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

negligence with regard to the safety of the motorized off-road

vehicle area, the motorized off-road vehicle activity participant,

or 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 on unpaved roads or

surfaces, 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 that is subject to this section.

Sec. 75C.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.