§ 75A.001.Definitions

Title 4. Liability in Tort · Chapter 75A. Limited Liability for Agritourism Activities · Last amended 2015 · Last verified August 29, 2026

In one sentenceSection 75A.001 defines agritourism activity as an activity on agricultural land for recreational or educational purposes, without regard to compensation.

Full Text of § 75A.001

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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.

End

Plain-English Summary

Seven definitions, and two phrases recur that shape the chapter.

"Agritourism activity" means an activity on agricultural land for recreational or educational purposes of participants, without regard to compensation.

"Without regard to compensation" is the crucial difference from the recreational use statute. That chapter protects landowners who do not charge, or who charge within a formula tied to property taxes. This chapter protects a commercial operation charging whatever it likes.

"Educational" alongside "recreational" is what brings in school trips, which are much of what agritourism is.

"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.

"Agritourism participant" excludes an employee of the entity, so a worker injured on the property has an ordinary claim.

"Agritourism participant injury" is drawn broadly — bodily injury, emotional distress, death, property damage, or any other loss arising from participation.

"Agricultural land" tracks the recreational use statute's definition minus the forestry branch, and "premises" and "recreation" are borrowed from it outright.

Frequently Asked Questions

What is an agritourism activity in Texas?

An activity on agricultural land for recreational or educational purposes of participants, without regard to compensation.

Does the chapter apply if I charge admission?

Yes. The definitions apply without regard to compensation, unlike the recreational use statute, which limits what an owner may charge.

Are agritourism employees covered?

No. An employee of the agritourism entity is excluded from the definition of participant.

Does it cover school visits?

Yes. The definition covers activities for educational as well as recreational purposes.

Amendment History

Added by Acts 2015, 84th Leg., R.S., Ch. 1152 (S.B. 610), Sec. 1, eff. June 19, 2015.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source