§ 75E.003.Posted Warning
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.003
Plain-English Summary
The posting requirement, closing the chapter and the series.
The entity must post and maintain a sign in a clearly visible location at an entrance to a motorized off-road vehicle area, containing the prescribed language.
"At an entrance" rather than "at each entrance" — a single sign at an entry point suffices, unlike the cavern chapter's requirement at every cave mouth.
The prescribed language begins with WARNING and states that TEXAS LAW (CHAPTER 75E, CIVIL PRACTICE AND REMEDIES CODE) LIMITS THE LIABILITY OF A MOTORIZED OFF-ROAD VEHICLE ENTITY FOR INJURIES OR DEATH OF A MOTORIZED OFF-ROAD VEHICLE ACTIVITY PARTICIPANT RESULTING FROM A MOTORIZED OFF-ROAD VEHICLE ACTIVITY.
Across all five chapters the mechanism is identical: post the sign, and the protection attaches; fail to post or maintain it, and there is no protection at all, however careful the operator was.
That is an unusual structure. The protection does not turn on the operator's conduct in the first instance — it turns on a notice having been given, with conduct then examined only through the exceptions.
An operator with an excellent safety record and no sign has nothing; one with a sign and no exceptions proved against it has everything.
Frequently Asked Questions
Where must an off-road area warning sign be posted?
In a clearly visible location at an entrance to the motorized off-road vehicle area, and it must be maintained.
What happens if there is no sign?
The limitation does not apply at all, regardless of how carefully the operator ran the area.
What does the off-road vehicle area sign say?
WARNING, followed by a statement that Texas law limits the liability of a motorized off-road vehicle entity for injuries or death of a participant resulting from a motorized off-road vehicle activity.
Amendment History
- Added by Acts 2025, 89th Leg., R.S., Ch. 1123 (H.B. 5624), Sec. 1, eff. September 1, 2025.