CIVIL PRACTICE & REMEDIES CODE
CHAPTER 75. LIMITATION OF LANDOWNERS' LIABILITY
Sec. 75.001. DEFINITIONS. In this chapter:
(1) 'Agricultural land' means land that is located in this state and that is suitable
(A) use in production of plants and fruits grown for human or animal
consumption, or plants grown for the production of fibers, floriculture, viticulture, horticulture,
or planting seed;
(B) forestry and the growing of trees for the purpose of rendering those
trees into lumber, fiber, or other items used for industrial, commercial, or personal consumption;
(C) domestic or native farm or ranch animals kept for use or profit.
'Premises' includes land, roads, water, watercourse, private ways, and
buildings, structures, machinery, and equipment attached to or located on the land, road, water,
watercourse, or private way.
(3) 'Recreation' means an activity such as:
(H) pleasure driving;
(I) nature study, including bird-watching;
(J) cave exploration;
(K) waterskiing and other water sports; or
(L) any other activity associated with enjoying nature or the outdoors.
(4) 'Governmental unit' has the meaning assigned by Section 101.001.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch.
62, Sec. 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 736, Sec. 1, eff. Sept. 1, 1989; Acts
1995, 74th Leg., ch. 520, Sec. 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 56, Sec. 1, eff.
Sept. 1, 1997.
Sec. 75.002. LIABILITY LIMITED. (a) An owner, lessee, or occupant of agricultural
(1) does not owe a duty of care to a trespasser on the land; and
(2) is not liable for any injury to a trespasser on the land, except for wilful or
wanton acts or gross negligence by the owner, lessee, or other occupant of agricultural land.
(b) If an owner, lessee, or occupant of agricultural land gives permission to another or
invites another to enter the