§ 101.058.Landowner's Liability

A conflicts rule pointing to another chapter, and it always resolves in favour of less liability.

To the extent that Chapter 75 limits the liability of a governmental unit under circumstances in which the unit would be liable under this chapter, Chapter 75 controls.

Chapter 75 is the recreational use statute. It reduces the duty owed to a person entering land for recreation to that owed a trespasser — meaning liability only for wilful, wanton, or grossly negligent conduct.

The interaction matters because governmental units own most of the recreational land in Texas. State parks, city parks, lakes, trails, and public swimming areas are all governmental property used for recreation.

The result is a duty lower than the Act alone would impose. The premise defect section already reduces the duty to that owed a licensee — actual knowledge of the hazard required. Chapter 75 reduces it further, to the trespasser standard, for recreational entrants.

A person injured by a hazard in a city park is therefore owed materially less than one injured in a city office building.

"To the extent that Chapter 75 limits" is the operating phrase. The other chapter controls only where it is more protective. Where it does not apply, or does not reduce the duty, this chapter governs normally.