CIVIL PRACTICE AND REMEDIES CODE

TITLE 4. LIABILITY IN TORT

CHAPTER 75A.  LIMITED LIABILITY FOR AGRITOURISM ACTIVITIES

Sec. 75A.001.  DEFINITIONS.  In this chapter:
(1)  "Agricultural land" means land that is located in this state and that is suitable for:
(A)  use in production of plants and fruits grown for human or animal consumption, or plants grown for the production of fibers, floriculture, viticulture, horticulture, or planting seed; or
(B)  domestic or native farm or ranch animals kept for use or profit.
(2)  "Agritourism activity" means an activity on agricultural land for recreational or educational purposes of participants, without regard to compensation.
(3)  "Agritourism entity" means a person engaged in the business of providing an agritourism activity, without regard to compensation, including a person who displays exotic animals to the public on agricultural land.
(4)  "Agritourism participant" means an individual, other than an employee of an agritourism entity, who engages in an agritourism activity.
(5)  "Agritourism participant injury" means an injury sustained by an agritourism participant, including bodily injury, emotional distress, death, property damage, or any other loss arising from the person's participation in an agritourism activity.
(6)  "Premises" has the meaning assigned by Section 75.001.
(7)  "Recreation" has the meaning assigned by Section 75.001.
Added by Acts 2015, 84th Leg., R.S., Ch. 1152 (S.B. 610), Sec. 1, eff. June 19, 2015.

Sec. 75A.002.  LIMITED LIABILITY.  (a)  Except as provided by Subsection (b), an agritourism entity is not liable to any person for an agritourism participant injury or damages arising out of the agritourism participant injury if:
(1)  at the time of the agritourism activity from which the injury arises, the warning prescribed by Section 75A.003 was posted in accordance with that section; or
(2)  the agritourism entity obtained in accordance with Section 75A.004 a written agreement and warning statement from the agritourism participant with respect to the agritourism activity from which the injury arises.
(b)  This section does not limit liability for an injury:
(1)  proximately caused by:
(A)  the agritourism entity's negligence evidencing a disregard for the safety of the agritourism participant;
(B)  one of the following dangers, of which the agritourism entity had actual knowledge or reasonably should have known:
(i)  a dangerous condition on the land, facilities, or equipment used in the activity; or
(ii)  the dangerous propensity, that is not disclosed to the agritourism participant, of a particular animal used in the activity; or
(C)  the agritourism entity's failure to train or improper training of an employee of the agritourism entity actively involved in an agritourism activity; or
(2)  intentionally caused by the agritourism entity.
(c)  A limitation on liability provided by this section to an agritourism entity is in addition to other limitations of liability.
Added by Acts 2015, 84th Leg., R.S., Ch. 1152 (S.B. 610), Sec. 1, eff. June 19, 2015.

Sec. 75A.003.  POSTED WARNING.  For the purposes of limitation of liability under Section 75A.002(a)(1), an agritourism entity must post and maintain a sign in a clearly visible location on or near any premises on which an agritourism activity is conducted.  The sign must contain the following language:
WARNING

UNDER TEXAS LAW (CHAPTER 75A, CIVIL PRACTICE AND REMEDIES CODE), AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AN AGRITOURISM ACTIVITY.
Added by Acts 2015, 84th Leg., R.S., Ch. 1152 (S.B. 610), Sec. 1, eff. June 19, 2015.

Sec. 75A.004.  SIGNED AGREEMENT AND WARNING.  For the purposes of limitation of liability under Section 75A.002(a)(2), a written agreement and warning statement is considered effective and enforceable if it:
(1)  is signed before the agritourism participant participates in an agritourism activity;
(2)  is signed by the agritourism participant or, if the agritourism participant is a minor, the agritourism participant's parent, managing conservator, or guardian;
(3)  is in a document separate from any other agreement between the agritourism participant and the agritourism entity other than a different warning, consent, or assumption of risk statement;
(4)  is printed in not less than 10-point bold type; and
(5)  contains the following language:
AGREEMENT AND WARNING

I UNDERSTAND AND ACKNOWLEDGE THAT AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AGRITOURISM ACTIVITIES.  I UNDERSTAND THAT I HAVE ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS THAT MAY RESULT FROM AGRITOURISM ACTIVITIES.
Added by Acts 2015, 84th Leg., R.S., Ch. 1152 (S.B. 610), Sec. 1, eff. June 19, 2015.