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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of certain electric utilities that allow |
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certain uses of land that the electric utility owns, occupies, or |
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leases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 75.0022(a)(3), Civil Practice and |
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Remedies Code, is amended to read as follows: |
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(3) "Premises" includes the land owned, occupied, or |
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leased by an electric utility, or covered by an easement owned by an |
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electric utility, with respect to which public access and use is |
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allowed in a written agreement with a person [political
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subdivision] under Subsection (c). |
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SECTION 2. Sections 75.0022(b), (c), and (h), Civil |
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Practice and Remedies Code, are amended to read as follows: |
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(b) This section applies only to an electric utility located |
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in: |
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(1) a county with a population of four million or more; |
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(2) a county adjacent to a county with a population of |
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four million or more; |
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(3) a county adjacent to a county described by |
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Subdivision (2) with a population of: |
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(A) more than 41,200 but less than 41,900; |
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(B) more than 36,500 but less than 36,800; or |
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(C) more than 28,300 but less than 30,000; or |
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(4) a county adjacent to a county described by |
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Subdivision (3) with a population of more than 20,700 but less than |
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21,100. |
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(c) An electric utility, as the owner, easement holder, |
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occupant, or lessee of land, may enter into a written agreement with |
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a person [political subdivision] to allow public access to and use |
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of the premises of the electric utility for recreation, exercise, |
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relaxation, travel, or pleasure. |
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(h) A written agreement entered into under this section may |
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require the person with whom the electric utility has made the |
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agreement [political subdivision] to provide or pay for insurance |
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coverage for any defense costs or other litigation costs incurred |
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by the electric utility for damage claims under this section. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |