§ 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
Full Text of § 75E.001
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 spectator — unless 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.