Texas House Bill HB200

Texas 2013 - 83rd Regular

Caption

Relating to liability of certain electric utilities that allow certain uses of land that the electric utility owns, occupies, or leases.

Impact

The enactment of HB 200 modifies the civil practice and remedies code concerning the liability of electric utilities. By allowing utilities to enter into agreements with political subdivisions to promote public use of their lands, the bill clarifies the extent of their responsibility and liability. In the event of incidents resulting in injury or damage on their property, these utilities are specified to owe potential users the same level of care as that owed to a trespasser, thus significantly lowering their risk exposure while still allowing for public access to certain recreational activities on private land.

Summary

House Bill 200 aims to establish a limited liability framework for certain electric utilities that permit public access to their lands for recreational purposes. Specifically targeting utilities located in counties with populations of four million or more, the bill creates provisions that reduce the extent of liability these utilities have for injuries incurred by individuals using their premises for recreation, exercise, relaxation, travel, or pleasure. This legislative measure facilitates public engagement with utility-owned lands while also protecting these entities from excessive legal risks.

Contention

There are notable points of contention surrounding this bill, particularly concerning the implications for public safety and land use ethics. Opponents argue that by limiting liability, the bill may result in a passive approach to maintaining safety standards on utility lands, which could lead to accidents that might otherwise be preventable. The language of the bill, particularly around 'gross negligence' and the questions of what constitutes adequate safety measures, continues to be a point of debate among legislators and advocacy groups focused on public safety and land use policy.