Tex. Civ. Prac. & Rem. Code § 75.007 · Chapter 75. LIMITATION OF LANDOWNERS' LIABILITY
TRESPASSERS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this section, "trespasser" means a person who enters the land of another without any legal right, express or implied.
(b) An owner, lessee, or occupant of land does not owe a duty of care to a trespasser on the land and is not liable for any injury to a trespasser on the land, except that an owner, lessee, or occupant owes a duty to refrain from injuring a trespasser wilfully, wantonly, or through gross negligence.
(c) Notwithstanding Subsection (b), an owner, lessee, or occupant of land may be liable for injury to a child caused by a highly dangerous artificial condition on the land if:
(1) the place where the artificial condition exists is one upon which the owner, lessee, or occupant knew or reasonably should have known that children were likely to trespass;
(2) the artificial condition is one that the owner, lessee, or occupant knew or reasonably should have known existed, and that the owner, lessee, or occupant realized or should have realized involved an unreasonable risk of death or serious bodily harm to such children;
(3) the injured child, because of the child's youth, did not discover the condition or realize the risk involved in intermeddling with the condition or coming within the area made dangerous by the condition;
(4) the utility to the owner, lessee, or occupant of maintaining the artificial condition and the burden of eliminating the danger were slight as compared with the risk to the child involved; and
(5) the owner, lessee, or occupant failed to exercise reasonable care to eliminate the danger or otherwise protect the child.
(d) An owner, lessee, or occupant of land whose actions are justified under Subchapter C or D, Chapter 9, Penal Code, is not liable to a trespasser for damages arising from those actions.
(e) This section does not affect Section 75.001, 75.002, 75.003, or 75.004 or create or increase the liability of any person.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 101 (S.B. 1160), Sec. 3, eff. May 20, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 815 (H.B. 931), Sec. 1, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.75.htm
- Text hash
- sha256 c9821fdbc625e1da3393d9cb1f1c73ee08471d94b9db3b3f1358c59b62657926
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Civil Practice and Remedies Code
- Tex. Civ. Prac. & Rem. Code § 75.001DEFINITIONS.Printed as Section 75.001, 75.002, 75.003, or 75.004
- Tex. Civ. Prac. & Rem. Code § 75.002LIABILITY LIMITED.Printed as Section 75.001, 75.002, 75.003, or 75.004
- Tex. Civ. Prac. & Rem. Code § 75.003APPLICATION AND EFFECT OF CHAPTER.Printed as Section 75.001, 75.002, 75.003, or 75.004
- Tex. Civ. Prac. & Rem. Code § 75.004LIMITATION ON MONETARY DAMAGES FOR PRIVATE LANDOWNERS.Printed as Section 75.001, 75.002, 75.003, or 75.004
Cited by 2 provisions
Provisions in this library whose text cites Tex. Civ. Prac. & Rem. Code § 75.007. Each shows the citation as that text prints it.
Civil Practice and Remedies Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.