HB4904

Regular Session

Relating to civil liability of property owners relating to motorcycle instruction and training courses.

LowStandard timeline

Low Cost

Effective:2025-06-20

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025 (Immediate effect due to two-thirds legislative vote).
Compliance Deadline: Immediate. The statute applies to causes of action accruing on or after June 20, 2025.
Agency Rulemaking: None anticipated. This is a self-executing civil defense statute, not a regulatory program.

Immediate Action Plan

Audit Active Leases: Identify all contracts with motorcycle training providers effective on or after June 20, 2025.
Conduct Site Inspections: Immediately repair known surface hazards (cracks, potholes, oil slicks) on training pads to negate potential "gross negligence" claims.
Require Tenant Sign-Off: Implement a protocol where the instructor signs a "Site Condition Acceptance" form prior to the start of every course.
File Credentials: Secure current copies of the tenant’s TDLR certification for your permanent records.

Operational Changes Required

Contracts

Existing leases and Master Service Agreements (MSAs) with motorcycle schools require revision.

Indemnification: Strengthen clauses to explicitly cover legal defense costs. While the statute provides a defense, plaintiffs will likely plead "gross negligence" to survive dismissal; you need the tenant to fund that legal battle.
Permitted Use: Restrict land use strictly to "motorcycle instruction and training courses" as defined by Chapter 662. Social gatherings or rallies hosted by the tenant may fall outside the statutory protection.

Hiring/Training

Vendor Verification: You must verify that the tenant (the school) and their instructors hold valid certifications from the Texas Department of Licensing and Regulation (TDLR). If the instruction is unauthorized, the statutory shield may be voided.

Reporting & Record-Keeping

Course Logs: Maintain a timestamped log of when courses are active. The liability limitation applies only "during the instruction or course." You must be able to prove the injury occurred within this window.
Incident Reports: Update internal forms to distinguish between injuries caused by *instructional error* (e.g., student loss of control) versus *property defects*.

Fees & Costs

Insurance Premiums: There are no new state fees. Conversely, this statute lowers the risk profile for this tenant class. Owners should contact insurance brokers to negotiate reduced Commercial General Liability (CGL) premiums for these specific leases.

Strategic Ambiguities & Considerations

"Gross Negligence" Threshold: The statute protects against ordinary negligence but leaves "gross negligence" undefined in this specific context. Plaintiffs will likely argue that *any* known surface defect (e.g., a pothole or loose gravel) constitutes gross negligence to bypass the shield.
Geographic Scope: The text refers to property "on which instruction... takes place." It is legally ambiguous whether this immunity extends to adjacent support areas, such as restrooms, spectator viewing zones, or parking ingress/egress routes.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCivil Remedies & Liabilities Education Education--driver Education & Training Motorcycles

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

C.S.H.B. 4904

By: Guillen

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that property owners who allow their land to be used for motorcycle training courses may face civil liability for incidents occurring during the course, even when they are not directly involved in the instruction, which can deter property owners from making space available for essential motorcycle safety training. C.S.H.B. 4904 seeks to encourage the availability of training sites by exempting property owners from liability for accidents or incidents occurring during motorcycle instruction or training courses, except in cases of gross negligence, recklessness, or intentional misconduct.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4904 amends the Transportation Code to exempt an owner of property on which instruction on motorcycle operation and safety by an instructor or an instructor training course takes place from liability for any act or omission that occurs during the instruction or course, excluding a cause of action arising from an act or omission constituting gross negligence, recklessness, or intentional misconduct. The bill applies only to a cause of action that accrues on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

C.S.H.B. 4904 differs from the introduced in minor or nonsubstantive ways by conforming to certain bill drafting conventions.

House Authors

Rep. Ryan GuillenRepublican · Primary Author

Senate Sponsor

Sen. Judith ZaffiriniDemocrat · Primary Sponsor

Bill Text(with markup)

H.B. No. 4904

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to civil liability of property owners relating to
	motorcycle instruction and training courses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 662, Transportation Code, is amended by
	adding Section 662.014 to read as follows:
	Sec. 662.014. LIMITATION ON LIABILITY FOR PROPERTY OWNERS.
	(a) An owner of property on which instruction on motorcycle
	operation and safety by an instructor or an instructor training
	course takes place is not liable for any act or omission that occurs
	during the instruction or course.
	(b) Subsection (a) does not apply to a cause of action
	arising from an act or omission constituting gross negligence,
	recklessness, or intentional misconduct.
	SECTION 2. Section 662.014, Transportation Code, as added
	by this Act, applies only to a cause of action that accrues on or
	after the effective date of this Act.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 14, 2025

TO:	Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB4904 by Guillen (Relating to civil liability of property owners relating to motorcycle training courses.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JMc, KDw, DA, NTh

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Frequently Asked Questions

Common questions about HB4904

What does Texas HB4904 do?

HB4904 establishes an immediate statutory liability shield for property owners who allow their land to be used for motorcycle instruction and safety training. This legislation bars civil actions for ordinary negligence against the property owner, significantly reducing risk exposure for commercial landlords and municipalities. However, the shield does not cover gross negligence, recklessness, or intentional misconduct, necessitating stricter maintenance protocols to preserve the defense.

Who authored HB4904?

HB4904 was authored by Texas Representative Ryan Guillen during the Regular Session.

When was HB4904 signed into law?

HB4904 was signed into law by Governor Greg Abbott on June 20, 2025.

How urgent is compliance with HB4904?

The compliance urgency for HB4904 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB4904?

The cost impact of HB4904 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB4904 address?

HB4904 addresses topics including civil remedies & liabilities, education, education--driver education & training and motorcycles.

Legislative data provided by LegiScanLast updated: November 25, 2025

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