RulesofCivilProcedure.com Civil Procedure · Every State

§ 94.002.Liability of Sports Official

Title 4. Liability in Tort · Chapter 94. Liability of Sports Officials and Organizations · Last amended 2015 · Last verified August 29, 2026

In one sentenceSection 94.002 relieves a sports official of liability for harm from a risk inherent in the competition absent gross negligence or wilful misconduct, and provides that a missed or wrong call cannot itself found liability.

Full Text of § 94.002

Text sizeJump to: (a) (b) (c)

(a)A sports official who is engaged in an athletic competition is not liable for civil damages, including personal injury, wrongful death, property damage, or other loss related to any act, error, or omission that results from a risk inherent in the nature of the competitive activity in which the claimant chose to participate unless the act, error, or omission constitutes:
(1)gross negligence; or
(2)wanton, wilful, or intentional misconduct.
(b)Whether a risk is inherent in the nature of a competitive activity is dependent upon:
(1)the nature of the sport in question;
(2)the conduct that is generally accepted in the sport; and
(3)whether the harm occurred during the pursuit of the purposes of the competition.
(c)A mere violation of the rules of play of an athletic competition or failing to call a penalty, missing a call, or failing to enforce competition rules cannot in itself form the basis for liability under this chapter.
End

Plain-English Summary

The protection, with a three-part test for inherent risk and a decisive final subsection.

A sports official engaged in an athletic competition is not liable for civil damages — including personal injury, wrongful death, property damage, or other loss — related to any act, error, or omission that results from a risk inherent in the nature of the competitive activity in which the claimant chose to participate, unless it constitutes gross negligence or wanton, wilful, or intentional misconduct.

"In which the claimant chose to participate" imports assumption of risk without saying so. A participant who entered the competition accepted its inherent risks.

Subsection (b) supplies a three-part test for whether a risk is inherent: the nature of the sport; the conduct that is generally accepted in the sport; and whether the harm occurred during the pursuit of the purposes of the competition.

Contact that is ordinary in one sport is not in another, and the second factor measures against the sport's own norms rather than a general standard.

Subsection (c) is the operative sentence for most claims. A mere violation of the rules of play, or failing to call a penalty, missing a call, or failing to enforce competition rules, cannot in itself form the basis for liability.

That forecloses the claim the chapter was written against — that an official's wrong or missed call caused an injury. Officials get calls wrong constantly, and the section says so cannot found a claim.

Frequently Asked Questions

Can you sue a referee in Texas?

Not for harm from a risk inherent in the competition, absent gross negligence or wanton, wilful, or intentional misconduct.

What about a missed call?

A mere violation of the rules of play, failing to call a penalty, missing a call, or failing to enforce competition rules cannot in itself form the basis for liability.

How is inherent risk assessed?

By the nature of the sport, the conduct generally accepted in it, and whether the harm occurred during the pursuit of the purposes of the competition.

Amendment History

  • Added by Acts 2015, 84th Leg., R.S., Ch. 348 (H.B. 1040), Sec. 1, eff. June 9, 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