U-pick and orchards in Texas: agritourism liability protection

What the cited source says

The chapter uses a broad recreational-or-educational definition on agricultural land but does not specifically name u-pick or orchards.

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.

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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

Agricultural-land and activity facts, produce safety, parking, worker safety, accessibility, and local land-use requirements.

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.

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What to check next

Produce-safety requirements
Parking and traffic access
Accessibility and warning signs
Local land-use rules

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