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§ 75D.001.Definitions

Title 4. Liability in Tort · Chapter 75D. Limited Liability for Water Park and Water Park Activities · Last amended 2025 · Last verified August 29, 2026

In one sentenceSection 75D.001 defines water park broadly to include slides, splash pads, lazy rivers, and associated facilities, and covers a participant who merely attends as well as one who takes part.

Full Text of § 75D.001

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In this chapter:
(1)"Water park" means a commercial property designed to provide swimming, bathing, or other water-related recreation, including water activities using swimming pools, water play areas, water slides, splash pads, spray grounds, and lazy rivers. The term includes associated facilities and services such as changing rooms, showers, hot tubs, saunas, indoor or outdoor spectator seating areas, picnic areas, and associated retail sales and services.
(2)"Water park activity" means an activity at a water park for recreational or educational purposes.
(3)"Water park entity" means a person engaged in the business of owning or operating a water park.
(4)"Water park participant" means an individual, other than an employee of a water park entity, who attends a water park or engages in a water park activity.
(5)"Water park participant injury" means an injury sustained by a water park participant, including bodily injury, emotional distress, death, property damage, or any other loss arising from the person's participation in a water park activity or attendance at a water park.
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Plain-English Summary

Five definitions for a 2025 chapter, and the first is drawn expansively.

"Water park" means a commercial property designed to provide swimming, bathing, or other water-related recreation, including swimming pools, water play areas, water slides, splash pads, spray grounds, and lazy rivers. The term includes associated facilities and services such as changing rooms, showers, hot tubs, saunas, indoor or outdoor spectator seating areas, picnic areas, and associated retail sales and services.

The associated-facilities clause extends the chapter well beyond the water. An injury in a changing room, on the seating, or in the retail area is within the definition, which distinguishes this chapter from the cavern one confined to activities inside the cavern.

"Water park participant" is correspondingly wide: an individual who attends a water park or engages in a water park activity. Mere attendance suffices — a parent watching from the side is a participant.

Employees remain excluded.

"Participant injury" covers loss arising from participation in a water park activity or attendance at a water park, matching the widened participant definition.

Together the three make this the broadest of the five chapters in what it covers, and the sign requirement is correspondingly simple — one sign at the entrance.

Frequently Asked Questions

What counts as a water park in Texas?

A commercial property designed to provide swimming, bathing, or other water-related recreation, including pools, slides, splash pads, spray grounds, and lazy rivers — plus associated changing rooms, showers, hot tubs, saunas, seating, picnic areas, and retail.

Do I have to go in the water to be a participant?

No. A participant is an individual who attends a water park or engages in a water park activity.

Does it cover an injury in the changing rooms?

Yes. Associated facilities are within the definition of water park.

Amendment History

  • Added by Acts 2025, 89th Leg., R.S., Ch. 99 (S.B. 1119), Sec. 1, eff. May 21, 2025.
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