How Does the Texas Recreational Use Statute & Agritourism Act (CPRC Ch. 75) Affect Park, Lake & Ranch Injuries?
Direct Answer Under Texas Law
Under the Texas Recreational Use Statute (CPRC § 75.002), when a landowner (or governmental unit operating a public park/beach) opens land for 'recreation' (hunting, fishing, swimming, boating, camping, hiking, biking, picnicking, nature study, watersports) either free of charge or for moderate ad valorem taxes/fees, the owner owes the recreational user ONLY the duty owed to a trespasser—requiring proof of GROSS NEGLIGENCE, malicious intent, or bad faith!
Critical Texas Procedural Trap to Watch Out For
IMPORTANT LIMITATION: In University of Texas at Arlington v. Williams, 459 S.W.3d 48 (Tex. 2015), the Texas Supreme Court held that watching a competitive spectator sport (like a stadium football or soccer game) is NOT 'recreation' under Chapter 75! Furthermore, a private commercial landowner only qualifies for the Chapter 75 shield if its total recreation charges for the prior calendar year were less than 20 times the total property taxes assessed on the property, OR if it carries at least $500k/$1M in public liability insurance (§ 75.004)!
Recommended Action Plan for Texas Claimants
Audit whether the activity falls outside § 75.001(3) under UTA v. Williams or whether a private ranch's commercial hunting-lease revenues exceeded 20× its agricultural property taxes without carrying § 75.004 insurance.
Detailed Texas Statutory & Case Law Breakdown
Under Tex. Civ. Prac. & Rem. Code §§ 75.001–75.007 and controlling Texas appellate precedent in Suarez v. City of Texas City, 465 S.W.3d 623 (Tex. 2015); University of Texas at Arlington v. Williams, 459 S.W.3d 48 (Tex. 2015), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Tex. Civ. Prac. & Rem. Code §§ 75.001–75.007 and how Texas courts apply Suarez v. City of Texas City, 465 S.W.3d 623 (Tex. 2015); University of Texas at Arlington v. Williams, 459 S.W.3d 48 (Tex. 2015) in your county's appellate district.
- Beware of the Texas Procedural Trap: IMPORTANT LIMITATION: In University of Texas at Arlington v. Williams, 459 S.W.3d 48 (Tex. 2015), the Texas Supreme Court held that watching a competitive spectator sport (like a stadium football or soccer game) is NOT 'recreation' under Chapter 75! Furthermore, a private commercial landowner only qualifies for the Chapter 75 shield if its total recreation charges for the prior calendar year were less than 20 times the total property taxes assessed on the property, OR if it carries at least $500k/$1M in public liability insurance (§ 75.004)!
- Execute the Texas Action Plan: Audit whether the activity falls outside § 75.001(3) under UTA v. Williams or whether a private ranch's commercial hunting-lease revenues exceeded 20× its agricultural property taxes without carrying § 75.004 insurance.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
How Does the Texas Recreational Use Statute & Agritourism Act (CPRC Ch. 75) Affect Park, Lake & Ranch Injuries?
Under the Texas Recreational Use Statute (CPRC § 75.002), when a landowner (or governmental unit operating a public park/beach) opens land for 'recreation' (hunting, fishing, swimming, boating, camping, hiking, biking, picnicking, nature study, watersports) either free of charge or for moderate ad valorem taxes/fees, the owner owes the recreational user ONLY the duty owed to a trespasser—requiring proof of GROSS NEGLIGENCE, malicious intent, or bad faith! Key Texas Trap to Avoid: IMPORTANT LIMITATION: In University of Texas at Arlington v. Williams, 459 S.W.3d 48 (Tex. 2015), the Texas Supreme Court held that watching a competitive spectator sport (like a stadium football or soccer game) is NOT 'recreation' under Chapter 75! Furthermore, a private commercial landowner only qualifies for the Chapter 75 shield if its total recreation charges for the prior calendar year were less than 20 times the total property taxes assessed on the property, OR if it carries at least $500k/$1M in public liability insurance (§ 75.004)!
What Texas statute and Supreme Court / appellate precedent control texas recreational use & agritourism act (ch. 75)?
This question is governed in Texas by Tex. Civ. Prac. & Rem. Code §§ 75.001–75.007 and the legal standards articulated in Suarez v. City of Texas City, 465 S.W.3d 623 (Tex. 2015); University of Texas at Arlington v. Williams, 459 S.W.3d 48 (Tex. 2015). Recommended step: Audit whether the activity falls outside § 75.001(3) under UTA v. Williams or whether a private ranch's commercial hunting-lease revenues exceeded 20× its agricultural property taxes without carrying § 75.004 insurance.
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