§ 75.006.Certain Liability Limited in Connection with Livestock or Agricultural Land

A liability limitation for events on rural land that the owner did not cause and could not prevent.

A landowner or lessee is not liable for damages arising from an incident involving their livestock, regardless of whether the damage occurs on their property, due to: an act or omission of a firefighter or peace officer who entered the property with or without permission; an act or omission of a trespasser; an act or omission of a third party who enters without permission and damages a fence or gate, including damage caused by a vehicle; or wildlife or an act of God.

"Regardless of whether the damage occurs on the property" is the significant phrase. The classic case is livestock escaping through a gate someone left open or a fence a vehicle destroyed, and then causing a collision on a public road. The owner is not liable for that.

Subsections (c) and (d) apply the same four categories to agricultural land generally, for any damage or injury to person or property, again whether or not it occurs on the land.

Note that officers are covered whether or not they had permission to enter. A peace officer or firefighter entering rural land in an emergency may cut a fence or open a gate, and the owner is not answerable for what follows.

Subsection (e) preserves the floor: the section does not limit liability for damage arising from a wilful or wanton act or gross negligence by the owner.

Subsection (f) imposes a duty going forward: after such an event the owner or lessee shall cure a resulting defect on the land, if any, in a reasonable time. Protection covers the event, not a fence left broken afterwards.