Texas 2009 - 81st Regular

Texas House Bill HB751 Compare Versions

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Old	New	Differences
1	1	81R31970 CAE-D
2	2	By: Callegari, Harless, et al. H.B. No. 751
3	3	Substitute the following for H.B. No. 751:
4	4	By: Solomons C.S.H.B. No. 751
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the liability of certain public utilities that allow
10	10	recreational use of land that the public utility owns, occupies, or
11	11	leases.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 75, Civil Practice and Remedies Code, is
14	14	amended by adding Section 75.0021 to read as follows:
15	15	Sec. 75.0021. IMMUNITY FROM LIABILITY OF CERTAIN PUBLIC
16	16	UTILITIES. (a) In this section:
17	17	(1) "Person" includes an individual as defined by
18	18	Section 71.001.
19	19	(2) "Public utility" means:
20	20	(A) an electric utility as defined by Section
21	21	31.002, Utilities Code;
22	22	(B) a telecommunications provider as defined by
23	23	Section 51.002, Utilities Code;
24	24	(C) a cable service provider or video service
25	25	provider as defined by Section 66.002, Utilities Code;
26	26	(D) a gas utility as defined by Section 101.003
27	27	or 121.001, Utilities Code; or
28	28	(E) a water and sewer utility as defined by
29	29	Section 13.002, Water Code.
30	30	(b) A public utility that, as the owner, occupant, or lessee
31	31	of land, gives permission to a person to enter the premises for
32	32	recreation does not, by giving that permission:
33	33	(1) ensure that the premises are safe for recreation;
34	34	or
35	35	(2) assume responsibility or incur liability for any
36	36	bodily or other personal injury to, death of, or damage to the
37	37	property of, a person who enters the premises for recreation or
38	38	accompanies another person entering the premises for recreation,
39	39	including injury, death, or other damage arising from:
40	40	(A) an act of a third party that occurs on the
41	41	premises, regardless of whether the act is intentional; or
42	42	(B) contact of a person or property with power
43	43	lines or exposure of a person or property to electromagnetic
44	44	fields.
45	45	(c) A public utility that, as the owner, occupant, or
46	46	lessee of land, allows the use of the premises for recreation shall
47	47	post and maintain a clearly readable sign in a clearly visible
48	48	location on or near the premises. The sign must contain the
49	49	following warning language:
50	50	UNDER TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES
51	51	CODE) A PUBLIC UTILITY IS IMMUNE FROM LIABILITY FOR DAMAGES ARISING
52	52	FROM THE USE OF THIS PROPERTY FOR RECREATIONAL PURPOSES.
53	53	(d) This section applies only to a public utility located in
54	54	a municipal management district located in a municipality with a
55	55	population of more than 1.9 million.
56	56	SECTION 2. This Act applies only to a cause of action that
57	57	accrues on or after the effective date of this Act. A cause of
58	58	action that accrues before the effective date of this Act is
59	59	governed by the law in effect immediately before that date, and that
60	60	law is continued in effect for that purpose.
61	61	SECTION 3. This Act takes effect immediately if it receives
62	62	a vote of two-thirds of all the members elected to each house, as
63	63	provided by Section 39, Article III, Texas Constitution. If this
64	64	Act does not receive the vote necessary for immediate effect, this
65	65	Act takes effect September 1, 2009.