Bill Text: TX HB258 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to liability of certain public utilities that allow certain uses of land that the public utility owns, occupies, or leases.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-07 - Referred to Judiciary & Civil Jurisprudence [HB258 Detail]
Download: Texas-2013-HB258-Introduced.html
83R159 AJA-F | ||
By: Murphy | H.B. No. 258 |
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relating to liability of certain public utilities that allow | ||
certain uses 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(c), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(c) This section applies only to a public utility located | ||
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located on the international border[ |
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SECTION 2. Chapter 75, Civil Practice and Remedies Code, is | ||
amended by adding Section 75.0022 to read as follows: | ||
Sec. 75.0022. 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 gas utility, as defined by Section 101.003 | ||
or 121.001, Utilities Code; or | ||
(D) a water and sewer utility, as defined by | ||
Section 13.002, Water Code. | ||
(b) A public utility, as the owner, easement holder, | ||
occupant, or lessee of land, may enter into an easement or license | ||
or lease agreement with a political subdivision or nonprofit | ||
organization to allow access by the public to the premises of the | ||
public utility for recreation, exercise, education, relaxation, | ||
travel, or pleasure. | ||
(c) An easement or license or lease agreement entered into | ||
under this section must require the political subdivision or | ||
nonprofit organization to carry liability insurance providing | ||
coverage for an act or omission by the political subdivision or | ||
nonprofit organization relating to the premises, with liability | ||
limits equal to or greater than: | ||
(1) if the agreement is with a political subdivision, | ||
the amounts of the liability limits applicable to the political | ||
subdivision under Section 101.023; or | ||
(2) if the agreement is with a nonprofit organization, | ||
the amounts of the liability limits applicable to an owner, lessee, | ||
or occupant of agricultural land under Section 75.004. | ||
(d) The public utility does not, by entering into an | ||
easement or license or lease agreement under this section or at any | ||
time during the term of the easement or license or lease agreement: | ||
(1) ensure that the premises are safe for recreation, | ||
exercise, education, relaxation, travel, or pleasure; or | ||
(2) assume responsibility or incur any liability for: | ||
(A) damages arising from or related to bodily or | ||
other personal injury to or death of any person who enters the | ||
premises for recreation, exercise, education, relaxation, travel, | ||
or pleasure or accompanies another person entering the premises for | ||
recreation, exercise, education, relaxation, travel, or pleasure; | ||
(B) property damage sustained by any person who | ||
enters the premises for recreation, exercise, education, | ||
relaxation, travel, or pleasure or accompanies another person | ||
entering the premises for recreation, exercise, education, | ||
relaxation, travel, or pleasure; or | ||
(C) an act of a third party that occurs on the | ||
premises, regardless of whether the act is intentional. | ||
(e) Subsection (d) applies to any claim for damages, | ||
including a claim: | ||
(1) alleging gross negligence; | ||
(2) asserting the doctrine of attractive nuisance; or | ||
(3) arising from contact of a person or property with | ||
power lines or exposure of a person or property to electric and | ||
magnetic fields. | ||
(f) A public utility that, as the owner, easement holder, | ||
occupant, or lessee of land, enters into an easement or license or | ||
lease agreement with a political subdivision or nonprofit | ||
organization to allow the use of the premises for recreation, | ||
exercise, education, relaxation, travel, or pleasure 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: | ||
WARNING | ||
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 RECREATION, EXERCISE, EDUCATION, | ||
RELAXATION, TRAVEL, OR PLEASURE. | ||
(g) This section applies only to a public utility located in | ||
a county with a population of four million or more. | ||
(h) The provisions of this section apply only during the | ||
term of the easement or license or lease agreement between the | ||
public utility and the political subdivision or nonprofit | ||
organization. | ||
SECTION 3. Section 75.003(b), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(b) Except as provided by Sections 75.0022(d) and (e), this | ||
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except that the doctrine may not be the basis for liability of an | ||
owner, lessee, or occupant of agricultural land for any injury to a | ||
trespasser over the age of 16 years. | ||
SECTION 4. 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 5. 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, 2013. |