Texas Chapter 75A defines agritourism on agricultural land, provides a limited-liability route through either a posted statutory warning or an effective signed agreement and warning, and lists exceptions.
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Texas Civil Practice and Remedies Code Chapter 75A — Limited Liability for Agritourism Activities
Texas Civil Practice and Remedies Code Chapter 75A
DefinitionAn agritourism activity is a recreational or educational activity on agricultural land, without regard to compensation. The entity definition includes a person displaying exotic animals to the public on agricultural land. Tex. Civ. Prac. & Rem. Code § 75A.001Two alternative pathsThe limited-liability provision applies when the statutory warning was posted or when the entity obtained the written agreement and warning described by the chapter. § 75A.002(a)ExceptionsThe section preserves liability for specified negligent disregard, known land/facility/equipment dangers, undisclosed dangerous animal propensity, failure to train or improper employee training, and intentional injury. § 75A.002(b)Posted warningThe sign must be clearly visible on or near premises where the activity is conducted and contain the chapter's warning language. § 75A.003Signed agreementThe alternative agreement must be signed before participation, signed by a parent, managing conservator, or guardian for a minor, separate from most other agreements, printed in at least 10-point bold type, and contain the prescribed language. § 75A.004
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The chapter does not decide whether a particular tract is agricultural land or an activity is recreational or educational.
It does not replace food, alcohol, animal, building, fire, accessibility, transportation, insurance, or local requirements.
No case law or fact-specific agreement enforceability was reviewed.
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