Defing loose gravel as "premises defect" or "special defect" determines who wins.  Statute has not changed.  However, there is a "new" rule that loose gravel is premises defect, making it difficult, if not impossible, for plaintiffs to prevail.

Texas Department of Transportation v. York, No. 07-0743, 52 Tex. S. Ct. J. 777 (Tex. 2009).