Relating to the liability of certain public utilities that allow recreational use of land that the public utility owns, occupies, or leases.
Impact
The bill aims to foster an environment where public utilities are more inclined to open their lands for public recreation, like hiking, fishing, or other outdoor activities. By limiting liability, it potentially increases the accessibility of natural spaces controlled by utilities. This could lead to greater public enjoyment of these lands and promote outdoor activities, which might have healthy lifestyle benefits for the community.
Summary
House Bill 751 addresses the liability concerns of public utilities that permit recreational use of land they own, occupy, or lease. The bill amends the Civil Practice and Remedies Code by introducing Section 75.0021, which states that a public utility granting permission for recreational use does not guarantee safety and cannot be held liable for injuries or damages arising during such activities. This legislative move seeks to encourage public utilities to allow more recreational activities by reducing their legal exposure.
Contention
Despite its intentions, the bill has potential points of contention. Critics might argue that removing liability protections could lead to a neglect of safety standards since utilities may no longer feel compelled to maintain safe environments for recreational users. There are also concerns related to the definition of 'recreational use' and whether it could lead to misuse of utility lands for activities beyond healthy outdoor practices, posing risks for individuals and the utilities themselves.
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 law enforcement misconduct and law enforcement interactions with certain detained or arrested individuals and other members of the public, to public entity liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.
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.