§ 75.001.Definitions
Title 4. Liability in Tort · Chapter 75. Limitation of Landowners' Liability · Last amended 2019 · Last verified August 29, 2026
Full Text of § 75.001
Plain-English Summary
Four definitions, and the recreation list is what determines the statute's reach.
"Recreation" means an activity such as hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving (including off-road motorcycling and off-highway vehicles), nature study including bird-watching, cave exploration, waterskiing and other water sports, bicycling and mountain biking, disc golf, on-leash and off-leash walking of dogs, radio control flying, and rock climbing — or any other activity associated with enjoying nature or the outdoors.
The catch-all is doing the real work, and it is limited by its own terms to activities associated with enjoying nature or the outdoors. That is what confines the statute: an indoor activity, or an organised sport unconnected with the outdoors, is not recreation under this definition.
The enumerated list has grown steadily by amendment — disc golf, dog walking, radio control flying, and rock climbing are recent additions — which suggests the catch-all has been read narrowly enough that new activities need naming.
The liability section adds four more for governmental premises only: hockey, skating, soap box derby, and paintball.
"Agricultural land" means Texas land suitable for producing plants or fruits for consumption, fibre, floriculture, viticulture, horticulture, or seed; for forestry and growing trees for lumber; or for domestic or native farm or ranch animals kept for use or profit. The definition turns on suitability, not on current use.
"Premises" is broad: land, roads, water, watercourse, private ways, and buildings, structures, machinery, and equipment attached to or located on them.
Frequently Asked Questions
What counts as recreation under the Texas recreational use statute?
Seventeen listed activities including hunting, fishing, swimming, camping, hiking, bicycling, dog walking, and rock climbing, plus any other activity associated with enjoying nature or the outdoors.
Does it cover indoor activities?
The catch-all is limited to activities associated with enjoying nature or the outdoors, so an indoor activity is generally outside it.
What is agricultural land?
Texas land suitable for crop or fibre production, forestry and growing trees for lumber, or keeping farm or ranch animals for use or profit. Suitability governs rather than current use.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 62, Sec. 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 736, Sec. 1, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 520, Sec. 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 56, Sec. 1, eff. Sept. 1, 1997.
- Amended by:
- Acts 2005, 79th Leg., Ch. 116 (S.B. 1224), Sec. 1, eff. September 1, 2005.
- Acts 2005, 79th Leg., Ch. 932 (H.B. 616), Sec. 1, eff. September 1, 2005.
- Acts 2007, 80th Leg., R.S., Ch. 659 (H.B. 1183), Sec. 1, eff. June 15, 2007.
- Acts 2015, 84th Leg., R.S., Ch. 1071 (H.B. 2303), Sec. 1, eff. June 19, 2015.
- Acts 2019, 86th Leg., R.S., Ch. 740 (H.B. 687), Sec. 1, eff. June 10, 2019.
- Acts 2019, 86th Leg., R.S., Ch. 959 (S.B. 230), Sec. 1, eff. June 14, 2019.
- Acts 2019, 86th Leg., R.S., Ch. 1233 (H.B. 1548), Sec. 2, eff. June 14, 2019.