HB5624 - Relating to the liability of a motorized off-road vehicle entity for injuries arising from certain activities.

      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