This section limits how Chapter 75 works: it does not remove existing liability for deliberate, wilful, or malicious injury, does not change attractive nuisance except for stated exceptions, and applies only to certain owners, lessees, occupants, and governmental units under listed conditions.
Sec. 75.003. APPLICATION AND EFFECT OF CHAPTER. (a) This chapter does not relieve any owner, lessee, or occupant of real property of any liability that would otherwise exist for deliberate, wilful, or malicious injury to a person or to property. (b) This chapter does not affect the doctrine of attractive nuisance, except: (1) as provided by Section 75.0022(g) or 75.0025(c); and (2) the doctrine of attractive nuisance may not be the basis for liability of an owner, lessee, or occupant of agricultural land for any injury to a trespasser over the age of 16 years. (c) Except for a governmental unit, this chapter applies only to an owner, lessee, or occupant of real property who: (1) does not charge for entry to the premises; (2) charges for entry to the premises, but whose total charges collected in the previous calendar year for all recreational use of the entire premises of the owner, lessee, or occupant are not more than 20 times the total amount of ad valorem taxes imposed on the premises for the previous calendar year; or (3) has liability insurance coverage in effect on an act or omission described by Section 75.004(a) and in the amounts equal to or greater than those provided by that section. (d) This chapter does not create any liability. (e) Except as otherwise provided, this chapter applies to a governmental unit. (f) This chapter does not waive sovereign immunity. (g) To the extent that this chapter limits the liability of a governmental unit under circumstances in which the governmental unit would be liable under Chapter 101, this chapter controls. (h) In the case of agricultural land, an owner, lessee, or occupant of real property who does not charge for entry to the premises because the individuals entering the premises for recreation are invited social guests satisfies the requirement of Subsection (c)(1). Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 832, Sec. 5, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 62, Sec. 3, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 520, Sec. 2, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 56, Sec. 3, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 429, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 44 (H.B. 200), Sec. 4, eff. May 16, 2013. Acts 2015, 84th Leg., R.S., Ch. 679 (H.B. 262), Sec. 2, eff. September 1, 2015.