HB 5624

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
Sec. 75E.001.  DEFINITIONS.  In this chapter:
(1)  "Motorized off-road vehicle" means any vehicle:
(B)  powered by a combustion engine or an electric
(C)  weighing 8,000 pounds or less; and
(D)  designed to drive on unpaved roads and
(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,
(6)  "Motorized off-road vehicle entity" means a person
engaged in the business of owning or operating a motorized off-road
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:
(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
(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
(2)  intentionally caused by the motorized off-road
(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:
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
SECTION 3.  This Act takes effect September 1, 2025.