HB 5624

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
positive
Limited Government
neutral
Individual Liberty
Digest
HB 5624 creates a new Chapter 75E in the Civil Practice and Remedies Code to establish limited civil liability protections for owners, operators, and sponsors of commercial motorized off-road vehicle facilities and activities. The bill provides that a motorized off-road vehicle entity is generally not liable for injuries sustained by participants during recreational or educational off-road vehicle activities if the entity posts a statutory warning sign at the entrance to the facility. The bill defines key terms, including "motorized off-road vehicle," "motorized off-road vehicle activity," "motorized off-road vehicle area," and "motorized off-road vehicle entity," to identify the scope of the liability protections.

The bill preserves liability in specified circumstances by creating several exceptions to the general immunity. A motorized off-road vehicle entity may still be held liable for injuries resulting from its gross negligence or intentional misconduct, negligence involving a vehicle or equipment it provides to participants, failure to address dangerous conditions that are not inherent to off-road driving and that the entity knew or should have known about, or failure to properly train employees involved in operating the facility or activity. The bill also provides that the doctrine of attractive nuisance does not apply to injuries occurring within a motorized off-road vehicle area.

To qualify for the liability protections, the bill requires operators to post and maintain a clearly visible warning sign at the entrance to the facility containing prescribed statutory language notifying participants that Texas law limits the liability of motorized off-road vehicle entities for injuries or death resulting from participation in these activities. The legislation applies only to causes of action accruing on or after the bill's effective date.

The Senate Committee Substitute makes only a single substantive change to the House Engrossed version of HB Bill 5624. The Committee Substitute narrows and clarifies the provision addressing the doctrine of attractive nuisance while leaving all other provisions of the bill, including the definitions, liability protections, exceptions to liability, warning-sign requirements, applicability, and effective date, unchanged.

Specifically, the House Engrossed version provides that the doctrine of attractive nuisance "does not apply to a claim that is subject to this section." The Senate Committee Substitute replaces this language with a more explicit provision stating that the doctrine "does not apply to a claim made by a person for an injury that occurred in a motorized off-road vehicle area."

This revision broadens the scope of the attractive nuisance provision by making it applicable to any claim arising from an injury occurring within a motorized off-road vehicle area, rather than limiting the exclusion to claims that fall within the section's liability-limitation framework. The change provides greater clarity regarding the Legislature's intent and reduces ambiguity over whether the attractive nuisance doctrine could still apply in claims that are outside the bill's limited-liability protections but nonetheless arise from injuries occurring on a covered motorized off-road vehicle property. Apart from this clarification, the Senate Committee Substitute is substantively identical to the House Engrossed version.
Sponsor (1)
Fiscal Notes

According to the Legislative Budget Board (LBB), no significant fiscal implication to the state is anticipated as a result of HB 5624. The LBB assumes that any administrative or implementation costs associated with the bill can be absorbed using existing agency resources, indicating that the legislation is not expected to require additional appropriations or create a meaningful impact on the state budget.

The LBB also reports no significant fiscal implication for units of local government. Because the bill primarily modifies civil liability standards for private motorized off-road vehicle entities rather than establishing new governmental programs or regulatory responsibilities, local governments are not expected to incur significant new costs or realize measurable savings as a result of the legislation.

Overall, the fiscal analysis indicates that HB 5624 is expected to have a neutral fiscal impact on both state and local governments, with any administrative effects anticipated to be minimal and manageable within existing resources.

Vote Recommendation Notes

HB 5624 creates a limited liability framework for commercial motorized off-road vehicle facilities by recognizing that participants voluntarily engage in activities with inherent risks. Similar to existing liability protections for other recreational activities under Texas law, the bill shields operators from liability for injuries arising from those inherent risks only when they post a prescribed warning sign. Importantly, the legislation preserves liability for gross negligence, intentional misconduct, negligent provision of vehicles or equipment, known dangerous conditions unrelated to the inherent risks of the activity, and failure to properly train employees. As a result, the bill balances personal responsibility for voluntary recreational activities with meaningful accountability for unsafe conduct.

From a limited-government perspective, the bill does not expand the size or scope of state government. It creates no new agency, program, office, fund, licensing requirement, or rulemaking authority, nor does it impose new administrative responsibilities on state agencies. Instead, it establishes a statutory civil liability standard governing disputes between private parties. Likewise, the LBB determined that the bill has no significant fiscal implication for either state or local government, with any implementation costs expected to be absorbed using existing resources. Consequently, the bill does not increase the burden on taxpayers or require additional public expenditures.

The bill also does not meaningfully increase the regulatory burden on individuals or businesses. The only affirmative requirement is that covered entities post a clearly visible statutory warning sign as a condition of receiving the liability protections. Rather than imposing a new regulatory regime, the legislation provides greater legal certainty for private businesses operating motorized off-road vehicle facilities while preserving participants' ability to recover damages when injuries result from negligence or intentional wrongdoing. By reducing litigation exposure arising from the inherent risks of the activity without expanding government authority, taxpayer obligations, or regulatory oversight, House Bill 5624 advances personal responsibility and private enterprise while maintaining appropriate safeguards for public safety. These considerations are why Texas Policy Research recommends that lawmakers vote YES on HB 5624.

  • Individual Liberty: The bill has a largely neutral effect on individual liberty. It does not create new criminal offenses, civil penalties, mandates, surveillance authorities, or restrictions on individual conduct. While it limits certain civil claims arising from the inherent risks of motorized off-road vehicle activities, participants retain the ability to seek recovery for injuries caused by gross negligence, intentional misconduct, negligent provision of equipment, known dangerous conditions, and inadequate employee training. Overall, the bill primarily reallocates civil liability rather than expanding or restricting individual freedoms.
  • Personal Responsibility: The bill reinforces personal responsibility by recognizing that individuals who voluntarily participate in inherently dangerous recreational activities assume the ordinary risks associated with those activities. At the same time, it preserves legal remedies when injuries result from conduct beyond those inherent risks, ensuring operators remain accountable for negligent or intentional acts. This approach encourages informed decision-making by participants while maintaining appropriate incentives for safe facility operations.
  • Free Enterprise: The bill positively impacts free enterprise by reducing litigation exposure for businesses operating commercial motorized off-road vehicle facilities. By establishing a clear and predictable liability framework, the legislation lowers legal uncertainty and may reduce liability costs for operators while imposing only a minimal compliance requirement to post a statutory warning sign. The bill does not establish a new licensing program, regulatory regime, or ongoing compliance burden, making it supportive of private commercial activity.
  • Private Property Rights: The bill has a neutral effect on private property rights. It does not alter ownership rights, create new land-use restrictions, authorize takings, or impose easements or other encumbrances on private property. Although it changes the legal liability framework applicable to certain commercial properties used for motorized off-road vehicle activities, it does not materially affect an owner's right to possess, use, or transfer property.
  • Limited Government: The bill positively impacts limited government because it resolves a private legal issue through a statutory liability standard without expanding the size or scope of government. It creates no new agency, office, regulatory program, licensing requirement, or rulemaking authority and does not require additional appropriations or taxpayer funding. Instead, it reduces uncertainty in private civil litigation while leaving implementation to existing judicial processes, making it consistent with the principle of limited government.
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