89th Legislature Regular Session

HB 4904

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 4904 seeks to amend Chapter 662 of the Texas Transportation Code by adding Section 662.014. The proposed section provides a limitation of civil liability for property owners who allow their land or facilities to be used for motorcycle operation and safety instruction, including instructor training courses.

Under this new provision, property owners are not to be held civilly liable for injuries or damages resulting from acts or omissions occurring during motorcycle training sessions conducted on their property. However, the bill expressly excludes protection in cases where harm results from gross negligence, recklessness, or intentional misconduct on the part of the property owner. This preserves a legal remedy for serious misconduct while protecting good-faith contributors to public safety efforts.

The legislation applies prospectively to causes of action that accrue on or after its effective date. The overall aim of HB 4904 is to remove legal barriers that may discourage landowners from supporting or facilitating motorcycle training programs, thus promoting safer riding practices and greater access to instructional resources.
Author
Ryan Guillen
Sponsor
Judith Zaffirini
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 4904 is not expected to have a significant fiscal impact on the state budget. The limited liability provisions it introduces are not anticipated to generate substantial new administrative costs or require additional resources from any state agencies. Any minor costs associated with implementing the bill’s provisions could be managed within existing agency budgets and staff capacity.

Similarly, the bill is projected to have no significant fiscal implications for local governments. This suggests that municipalities, counties, or local courts will not face increased expenditures or administrative burdens as a result of the bill’s enactment. The Office of Court Administration, cited as a source agency, did not identify any notable impacts to the judicial system from changes in potential civil case filings or liability litigation trends.

Overall, HB 4904 is fiscally neutral, designed to adjust legal exposure without creating new government programs or enforcement mechanisms. It aims to encourage private sector involvement in motorcycle safety instruction without imposing financial demands on public institutions.

Vote Recommendation Notes

HB 4904 addresses a narrow but meaningful area of civil liability law by limiting the exposure of property owners who permit motorcycle safety instruction or instructor training courses to occur on their property. The bill exempts these owners from liability for injuries or damages resulting from incidents during such training—unless the harm results from gross negligence, recklessness, or intentional misconduct. This immunity framework is carefully tailored, providing a balance between encouraging broader availability of training sites and preserving accountability in cases of egregious conduct.


As highlighted in the bill analysis and statement of intent, current law unintentionally discourages property owners from offering space for motorcycle instruction due to fear of legal liability, even if they are not involved in or responsible for the training activities. By removing this barrier, HB 4904 aims to increase the number of locations available for motorcycle safety courses, which in turn supports public safety by making critical training more accessible to riders. This aligns well with liberty-oriented values such as voluntary cooperation, personal responsibility, and free enterprise.

The bill also presents no significant fiscal burden to the state or local governments, as confirmed by the Legislative Budget Board. Since no new regulatory program is created and no enforcement mechanism is needed, the measure represents a low-cost, low-intervention way to expand access to a public good—motorcycle safety training—while respecting private property rights.

Given its clear support for individual liberty, personal responsibility, free enterprise, private property rights, and limited government involvement, Texas Policy Research recommends that lawmakers vote YES on HB 4904. It exemplifies smart legal reform that removes disincentives to civic participation without increasing government power or spending.

  • Individual Liberty: The bill supports individual liberty by empowering private landowners to voluntarily host motorcycle training without fear of excessive legal exposure. This reduces legal barriers to cooperation between private citizens and safety instructors, promoting freer association and civic participation. It also indirectly supports the liberty of riders seeking to improve their skills by expanding access to training sites.
  • Personal Responsibility: The bill reinforces personal responsibility by affirming that liability for accidents during motorcycle training should rest with those directly involved in the activity, not uninvolved property owners. It preserves legal recourse for individuals harmed by gross negligence or intentional misconduct, ensuring that accountability remains intact where it truly belongs.
  • Free Enterprise: By removing a legal disincentive to lease or donate space for motorcycle instruction, the bill lowers costs and risks associated with offering training services. This could lead to increased market competition, more locations, and better pricing for safety courses, fostering innovation and access in the motorcycle training industry.
  • Private Property Rights: The bill fortifies private property rights by clarifying that property owners who allow training on their land should not be unjustly penalized for actions beyond their control. It protects owners from being involuntarily entangled in litigation simply due to the location of an incident, reinforcing the idea that ownership does not imply liability without culpability.
  • Limited Government: The bill advances limited government by reducing reliance on the courts to adjudicate liability in situations where fault does not reasonably rest with the landowner. It sets clear legal expectations without creating new regulatory bodies or enforcement schemes, thus limiting state intervention while promoting public benefit.
View Bill Text and Status