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Texas · U-pick and orchards

U-pick and orchards in Texas

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

Source checked August 13, 2026Texas state lawLocal rules not included
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.

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.

What to check next

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

Official source

Texas Civil Practice and Remedies Code Chapter 75A — official PDF

Read official source ↗

Checked August 13, 2026

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