81R31970 CAE-D
By: Callegari, Harless, et al. H.B. No. 751
Substitute the following for H.B. No. 751:
By: Solomons C.S.H.B. No. 751
A BILL TO BE ENTITLED
AN ACT
relating to the liability of certain public utilities that allow
recreational use of land that the public utility owns, occupies, or
leases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 75, Civil Practice and Remedies Code, is
amended by adding Section 75.0021 to read as follows:
Sec. 75.0021. IMMUNITY FROM LIABILITY OF CERTAIN PUBLIC
UTILITIES. (a) In this section:
(1) "Person" includes an individual as defined by
Section 71.001.
(2) "Public utility" means:
(A) an electric utility as defined by Section
31.002, Utilities Code;
(B) a telecommunications provider as defined by
Section 51.002, Utilities Code;
(C) a cable service provider or video service
provider as defined by Section 66.002, Utilities Code;
(D) a gas utility as defined by Section 101.003
or 121.001, Utilities Code; or
(E) a water and sewer utility as defined by
Section 13.002, Water Code.
(b) A public utility that, as the owner, occupant, or lessee
of land, gives permission to a person to enter the premises for
recreation does not, by giving that permission:
(1) ensure that the premises are safe for recreation;
or
(2) assume responsibility or incur liability for any
bodily or other personal injury to, death of, or damage to the
property of, a person who enters the premises for recreation or
accompanies another person entering the premises for recreation,
including injury, death, or other damage arising from:
(A) an act of a third party that occurs on the
premises, regardless of whether the act is intentional; or
(B) contact of a person or property with power
lines or exposure of a person or property to electromagnetic
fields.
(c) A public utility that, as the owner, occupant, or
lessee of land, allows the use of the premises for recreation shall
post and maintain a clearly readable sign in a clearly visible
location on or near the premises. The sign must contain the
following warning language:
UNDER TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES
CODE) A PUBLIC UTILITY IS IMMUNE FROM LIABILITY FOR DAMAGES ARISING
FROM THE USE OF THIS PROPERTY FOR RECREATIONAL PURPOSES.
(d) This section applies only to a public utility located in
a municipal management district located in a municipality with a
population of more than 1.9 million.
SECTION 2. 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 3. 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, 2009.