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§ 75E.001.Definitions

Title 4. Liability in Tort · Chapter 75E. Limited Liability for Motorized Off-Road Vehicle Activities · Last amended 2025 · Last verified August 29, 2026

In one sentenceSection 75E.001 defines a motorized off-road vehicle by four physical criteria, and excludes spectators from the participant definition unless they enter an unauthorized area.

Full Text of § 75E.001

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In this chapter:
(1)"Motorized off-road vehicle" means any vehicle:
(A)with two to four wheels;
(B)powered by a combustion engine or an electric motor;
(C)weighing 8,000 pounds or less; and
(D)designed to drive on unpaved roads and surfaces.
(2)"Motorized off-road vehicle activity" means an activity involving motorized off-road vehicles at a motorized off-road vehicle area for recreational or educational purposes.
(3)"Motorized off-road vehicle activity participant" means an individual, other than an employee of a motorized off-road vehicle entity, who engages in a motorized off-road vehicle activity. The term does not include a spectator of a motorized off-road vehicle activity unless the spectator enters an unauthorized area or intentionally places himself or herself in immediate proximity to the activity.
(4)"Motorized off-road vehicle activity participant injury" means an injury sustained by a motorized off-road vehicle activity participant, including bodily injury, emotional distress, death, property damage, or any other loss arising from the person's participation in a motorized off-road vehicle activity.
(5)"Motorized off-road vehicle area" means a commercial property designed to provide recreation or education related to driving a motorized off-road vehicle on unpaved roads or surfaces, including driving instruction, practices, competitions, or performances or group driving activities such as tours, hunts, or races.
(6)"Motorized off-road vehicle entity" means an individual or an entity, including an employee or a volunteer:
(A)engaged in the business of owning, operating, or leasing a motorized off-road vehicle area; or
(B)sponsoring, sanctioning, endorsing, or officiating a motorized off-road vehicle activity.
End

Plain-English Summary

Six definitions for a 2025 chapter, and the first is the most precise in the series.

"Motorized off-road vehicle" means a vehicle with two to four wheels, powered by a combustion engine or an electric motor, weighing 8,000 pounds or less, and designed to drive on unpaved roads and surfaces.

Four cumulative criteria, which between them cover motorcycles, all-terrain vehicles, and side-by-sides while excluding heavy machinery and vehicles designed for the road.

"Participant" carries an exclusion found nowhere else in the series: the term does not include a spectatorunless the spectator enters an unauthorized area or otherwise puts themselves in the way.

That is the reverse of the water park chapter, where mere attendance makes a person a participant. A spectator at an off-road event is outside the chapter and keeps an ordinary claim — until they wander somewhere they should not be, at which point the limitation applies to them.

"Motorized off-road vehicle area" is a commercial property designed for recreation or education related to off-road driving, including driving instruction, practices, competitions, or performances or group driving activities such as tours, hunts, or races.

"Entity" is the broadest in the series: an individual or entity, including an employee or a volunteer, engaged in owning, operating, or leasing the area — or sponsoring, sanctioning, endorsing, or officiating an activity.

Frequently Asked Questions

What is a motorized off-road vehicle?

A vehicle with two to four wheels, powered by a combustion engine or electric motor, weighing 8,000 pounds or less, and designed to drive on unpaved roads and surfaces.

Are spectators covered?

No, unless the spectator enters an unauthorized area. A spectator otherwise keeps an ordinary claim.

Who counts as an entity?

An individual or entity, including an employee or volunteer, that owns, operates, or leases the area, or sponsors, sanctions, endorses, or officiates an activity.

Amendment History

  • Added by Acts 2025, 89th Leg., R.S., Ch. 1123 (H.B. 5624), Sec. 1, eff. September 1, 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