COLLEGE STATION, Texas – Texas laws now give rural landowners greater liability protection when recreational guests are hunting, fishing or enjoying outdoor activities on their land.

According to Judon Fambrough, attorney with the Real Estate Center at Texas A&M University, the liability laws may encourage more nature tourism, a trend that is growing in popularity throughout the state.

“A landowner may be more inclined to lease his or her ‘hunting cabin’ to recreational visitors all year round, now that there is less worry about liability.” Fambrough says. “The landowner who opens his property to various types of recreational guests, such as birdwatchers or picnickers, during the ‘off season’ for hunting stands to make more money.”

For some time, the law has said that landowners have little legal obligation to protect trespassers, nonpaying hunters and other nonpaying recreational guests.

That means the landowner does not need to inspect the property for dangers or warn these guests about possible hazards. The landowner is liable only for acts done intentionally or maliciously or accidents that result from gross negligence.

The law has been extended to include protection to landowners for a greater range of recreational activities.

According to the law, recreation includes most outdoor activities such as swimming, boating, camping, picnicking and hiking. Activities specifically added to the list this year are pleasure driving of off-road motorcycles, automobiles or all-terrain vehicles; bicycling; mountain biking; disc golfing; and dog walking.

Three years ago, the Texas Legislature raised the amount that could be charged without losing the protection afforded by the statute. Unless the total paid by hunters and recreational guests exceeds 20 times the amount of the annual ad valorem tax on the property, landowners do not owe visitors any greater duty than they owe to a trespasser.

Read more about this issue in “Landowner Liability for Hunters” by Judon Fambrough.

The Real Estate Center has been providing solutions through research for 35 years. Funded primarily by Texas real estate licensee fees, the Center was created by the state legislature to meet the needs of many audiences, including the real estate industry, instructors, researchers and the general public.