Texas law does not require a landowner to carry insurance before leasing land for hunting. But the moment you charge a fee, your protection under the state's Recreational Use Statute depends on either keeping lease income under a tax-based cap or carrying liability insurance at specific limits. Most landowners who lease for real money should carry that coverage, and should require hunters to carry their own policy naming the landowner as an additional insured.
General white-tailed deer season opens statewide on November 7, 2026, and runs through January 3, 2027 in the North Zone and January 17, 2027 in the South Zone, according to Texas Parks and Wildlife. If you have hunters coming onto your place this weekend, here is what to check first.
Chapter 75 of the Texas Civil Practice and Remedies Code limits what a landowner owes to people who come onto the property for recreation. The statute defines recreation to include hunting, along with fishing, camping and similar outdoor activities.
When the statute applies, a landowner who invites or permits someone onto agricultural land for recreation does not have to make the land safe for that purpose and owes that person no more care than a trespasser. In plain terms, the landowner is generally only on the hook for gross negligence, malicious intent or bad faith, not for ordinary negligence like a rotten step on a deer stand nobody noticed.
That is a big shield. The catch is that it only applies if you meet one of three money conditions.
Under Section 75.003(c), the statute protects an owner, lessee or occupant who meets one of these:
Free hunting for family and friends usually fits the first condition. A real hunting lease may not fit the second one, especially on land with an agricultural valuation, where the tax bill is low and the 20x cap can be lower than one season's lease income. Once you cross that line, the only way back under the statute's protection is the insurance option. How the tax figure is calculated for your situation is worth confirming with a Texas attorney before you rely on it.
Section 75.004 sets the minimums at $500,000 for each person and $1 million for each single occurrence of bodily injury or death, plus $100,000 for each single occurrence of property damage. For agricultural land, the coverage can be written as a $1 million combined single limit per occurrence.
There is a second benefit for agricultural landowners who carry it. With that coverage in force, the statute caps the landowner's total liability for a single occurrence at $1 million. So the policy does two jobs: it keeps the Recreational Use Statute's protection in place, and it limits how much a single bad day can cost you.
Often, not automatically. Personal hunting on your own land is usually fine under a standard farm policy. Leasing the land to paying hunters is different, because many policies treat income-producing activity on the property as something that has to be disclosed and added. Insurers note that standard farm or homeowners coverage may not extend to land leased for hunting without an endorsement or separate coverage.
Texas A&M AgriLife Extension makes the same point in its landowner liability guide: when you add activities like guided hunts, confirm the policy actually covers them, because an endorsement may be needed. Every policy is different, so the only way to know is to read yours or have your agent review it against how the land is actually being used.
Questions to bring to that review:
The landowner's policy is only half of the picture. A well-written lease should also require the lessee or hunting club to carry its own hunting lease liability policy and to list the landowner as an additional insured. That way, if a hunter injures another hunter, the hunter's policy is the first one to respond, not yours.
Before anyone loads a truck, ask for:
Chapter 75A of the Civil Practice and Remedies Code protects an agritourism entity from liability for a participant's injury during recreational or educational activities on agricultural land, regardless of whether you charge. To get that protection, you need either a posted sign with the statutory warning language in a clearly visible spot, or a signed written release. According to Texas A&M's agricultural law program, the release must be separate from other agreements, printed in at least 10-point bold type and titled "AGREEMENT AND WARNING." The statute has exceptions, so do not treat a sign as a substitute for insurance.
Texas courts generally enforce releases that are express and conspicuous, meaning they clearly waive negligence claims and are not buried in fine print. Whether a parent can sign away a minor's claims is unsettled in Texas, which matters if lessees bring their kids. Have an attorney draft the release.
If the Recreational Use Statute applies, the landowner generally owes the hunter only the duty owed to a trespasser and is liable only for gross negligence, malicious intent or bad faith. Whether it applies depends on whether you charged a fee and, if so, whether you stayed under the 20x tax cap or carried the required insurance.
To qualify for the statute's insurance option, at least $500,000 per person and $1 million per occurrence for bodily injury or death, and $100,000 per occurrence for property damage. Agricultural land can use a $1 million combined single limit. Your actual needs may be higher depending on the operation.
Yes. Being listed as an additional insured on the lessee's policy means that policy can respond to claims against you that arise from the lessee's hunting. Ask for the endorsement, not just a certificate.
It can apply to owners, lessees and occupants, but guided hunts usually change the insurance picture. Confirm your policy covers commercial hunting operations specifically.
Donegan has helped Texas landowners, ranches and businesses manage risk since 1911. If you lease land for hunting, or are thinking about it, we can review your current policy, check it against Chapter 75 and help you set lease insurance requirements that actually protect you. Request a consultation or call 830-303-8300.
This article is general information, not legal advice. Coverage depends on the specific terms, conditions and exclusions of your policy. Consult a Texas attorney about lease terms and releases.