Bill Text: TX HB931 | 2017-2018 | 85th Legislature | Introduced

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

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Bill Title: Relating to liability of certain electric utilities that contract with political subdivisions for certain uses of land that the electric utility owns, occupies, or leases.

Spectrum: Strong Partisan Bill (Republican 18-1)

Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB931 Detail]

Download: Texas-2017-HB931-Introduced.html

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85R1884 CAE-D
By: Miller H.B. No. 931

A BILL TO BE ENTITLED
AN ACT
relating to liability of certain electric utilities that allow
certain uses of land that the electric utility owns, occupies, or
leases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 75.0022(a)(3), Civil Practice and
Remedies Code, is amended to read as follows:
(3) "Premises" includes the land owned, occupied, or
leased by an electric utility, or covered by an easement owned by an
electric utility, with respect to which public access and use is
allowed in a written agreement with a person [political
subdivision] under Subsection (c).
SECTION 2. Sections 75.0022(b), (c), and (h), Civil
Practice and Remedies Code, are amended to read as follows:
(b) This section applies only to an electric utility located
in:
(1) a county with a population of four million or more;
(2) a county adjacent to a county with a population of
four million or more;
(3) a county adjacent to a county described by
Subdivision (2) with a population of:
(A) more than 41,200 but less than 41,900;
(B) more than 36,500 but less than 36,800; or
(C) more than 28,300 but less than 30,000; or
(4) a county adjacent to a county described by
Subdivision (3) with a population of more than 20,700 but less than
21,100.
(c) An electric utility, as the owner, easement holder,
occupant, or lessee of land, may enter into a written agreement with
a person [political subdivision] to allow public access to and use
of the premises of the electric utility for recreation, exercise,
relaxation, travel, or pleasure.
(h) A written agreement entered into under this section may
require the person with whom the electric utility has made the
agreement [political subdivision] to provide or pay for insurance
coverage for any defense costs or other litigation costs incurred
by the electric utility for damage claims under this section.
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, 2017.