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Texas · Food and alcohol sales

Food and alcohol sales in Texas: agritourism liability protection

Scope: agritourism liability protection under the cited source. This is not a complete guide to opening or operating this activity. Local requirements have not been researched.

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What the cited source says

Food sales, tastings, alcohol, restaurants, and catering are not named in the chapter.

Human content review

There is no attorney or subject-matter expert review recorded for this guide. The person responsible for this guide, its completed human content-review date, and its next review due date are not recorded.

Source retrieval dates identify the saved copies; they are not human content-review dates or publication approval. Check the current official text and the guide’s scope before relying on it. How to assess a guide.

Official sources

Texas Civil Practice and Remedies Code Chapter 75A — Limited Liability for Agritourism Activities

Texas Civil Practice and Remedies Code Chapter 75A

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Retrieved August 13, 2026

Texas official source · Local rules not included

Important conditions

  • Whether an associated activity fits the definition and all food-facility, processing, retail, alcohol, labeling, tax, and local rules.

Relevant provisions

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.001
Two 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.003
Signed 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

What this source does not answer

  • 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.

Build a research checklist for this activity

What to check next

  • State and local food-establishment rules
  • Cottage-food rules
  • Alcohol licensing
  • Sampling and tasting rules
  • Labeling and sales tax
  • Temporary-event permits
  • Local zoning and fire requirements

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