Relating to liability of certain public utilities that allow certain uses of land that the public utility owns, occupies, or leases.
Impact
The changes brought about by HB3802 serve to clarify and expand the liability protections afforded to public utilities. It specifies that these entities do not assume responsibility for injuries resulting from such recreational uses, establishing that merely granting permission for public use does not equate to an obligation to ensure the safety of the premises. This amendment effectively shields utilities from lawsuits related to personal injuries and property damages, which they could have faced under previous interpretations of the law.
Summary
House Bill 3802 proposes amendments to the Civil Practice and Remedies Code, specifically focusing on the liability of certain public utilities that allow public access to their lands. The bill defines which organizations qualify as public utilities, including electric utilities, telecommunications providers, electric cooperatives, gas utilities, and water and sewer utilities. By permitting public access for activities such as recreation and education, the bill aims to limit the legal liabilities of these utilities concerning injuries or damages that may occur on their properties.
Contention
While the bill aims to enhance the availability of public land for recreational use without imposing excessive liability on utilities, it may raise concerns regarding the safety of such lands. Advocacy groups may argue that the bill could lead utilities to underinvest in safety measures, knowing they have limited liability. Opponents may express apprehension that this could disadvantage individuals seeking restitution for injuries experienced on utility properties, thus challenging the balance between public access and individual safety.
Legal_framework
Additionally, HB3802 amends various clauses in existing law, indicating that claims for damages, including those for gross negligence or based on the attractive nuisance doctrine, are affected. The effective date of these changes will apply only to claims arising after the bill's enactment, allowing for continuity of legal processes related to incidents that occurred prior to this legislation taking effect.
Relating to certain criminal conduct involving agricultural land, including the justified use of force or deadly force to protect agricultural land from that conduct, and to civil liability arising out of certain justified threats to use force or deadly force; creating a criminal offense.
Relating to the publication of certain photographs of human remains by certain individuals for a purpose other than an authorized purpose; providing a civil penalty.