Bill Text: TX HB1943 | 2011-2012 | 82nd Legislature | Introduced

Texas House Bill 1943 (Prior Session Legislation)

TX State Legislature page for HB1943

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating to liability of certain public utilities that allow certain uses of land that the public utility owns, occupies, or leases.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-04-26 - Committee report sent to Calendars [HB1943 Detail]

Download: Texas-2011-HB1943-Introduced.html



	By: Murphy	H.B. No. 1943



	A BILL TO BE ENTITLED
	AN ACT
	relating to liability of certain public utilities that allow
	recreational use of land that the public utility owns, occupies, or
	leases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 75.0021, Civil Practice and Remedies
	Code, is amended to read as follows:
	Sec. 75.0021. LIMITED LIABILITY OF CERTAIN PUBLIC
	UTILITIES.
	(a) In this section:
	(1) "Person" includes an individual as defined by
	Section 71.001.
	(2) "Public utility" means:
	(A) an electric utility as defined by Section
	31.002, Utilities Code;
	(B) a telecommunications provider as defined by
	Section 51.002, Utilities Code;
	(C) a cable service provider or video service
	provider as defined by Section 66.002, Utilities Code;
	(D) a gas utility as defined by Section 101.003
	or 121.001, Utilities Code; or
	(E) a water and sewer utility as defined by
	Section 13.002, Water Code.
	(3) "Recreation" means, in addition to its meaning
	under Section 75.001, any activity undertaken for exercise,
	education, relaxation, travel, or pleasure.
	(b) A public utility that, as the owner, easement holder,
	occupant, or lessee of land, gives permission to a person to enter
	the premises for recreation:
	(1) does not by giving that permission assure that the
	premises are safe for recreation; and
	(2) shall not assume responsibility or incur any
	liability for: (i) damages arising from or related to bodily or
	other personal injury or death to any person who enters the premises
	for recreation or accompanies another person entering the premises
	for recreation; (ii) property damage sustained by any person who
	enters the premises for recreation or accompanies another person
	entering the premises for recreation, or (iii) acts of any third
	parties that occur on the premises, regardless of whether the act is
	intentional. This subsection includes, but is not limited to, any
	claim for damages:
	(A) alleging gross negligence;
	(B) alleging the application of the doctrine of
	attractive nuisance; or
	(C) arising from contact of a person or property
	with power lines or exposure of a person or property to electric and
	magnetic fields.
	(c) A public utility that, as the owner, easement holder,
	occupant, or lessee of land, allows the use of the premises for
	recreation shall post and maintain a clearly readable sign in a
	clearly visible location on or near the premises. The sign must
	contain the following warning language:
	TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE)
	LIMITS THE LIABILITY OF A PUBLIC UTILITY FOR DAMAGES ARISING FROM
	THE USE OF THIS PROPERTY FOR RECREATIONAL PURPOSES.
	WARNING
	(d) This section applies only to a public utility located
	in:
	(1) a county with a population of 600,000 or more and
	located on the international border; or
	(2) a municipal management district located in a
	municipality with a population of more than 1.9 million.
	SECTION 2. Chapter 75, Civil Practice and Remedies Code,
	Section 75.003(b) is amended to read as follows:
	(b) This chapter does not affect the doctrine of attractive
	nuisance, except as follows:
	(1) as limited by Section 75.0021(b); and
	(2) the doctrine of attractive nuisance may not be the
	basis of liability of an owner, lessee, or occupant of agricultural
	land for any injury to a trespasser over the age of 16 years.
	SECTION 3. The change in law made by this Act applies only
	to a cause of action that accrues on or after the effective date of
	this Act. A cause of action that accrues before the effective date
	of this Act is governed by the law in effect immediately before that
	date, and that law is continued in effect for that purpose.
	SECTION 4. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2011.