81R18894 AJA-D
By: Pickett H.B. No. 783
A BILL TO BE ENTITLED
AN ACT
relating to the liability of an electric utility that allows
recreational use of land that the 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 an electric utility as
defined by Section 31.002, Utilities Code.
(b) A public utility that, as the owner, occupant, or lessee
of land, signs an agreement with a municipality, county, or other
political subdivision of the state to allow public access to or use
of the premises for recreation does not, by allowing the public
access or use:
(1) assure that the premises are safe for recreation;
or
(2) assume responsibility or incur liability for any
damage to or loss of property, or for any bodily or other personal
injury to, or death 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;
(B) contact of a person or property with power
lines or exposure of a person or property to electromagnetic
fields;
(C) a premises defect in or other condition
relating to the premises; or
(D) any negligence or gross negligence of the
public utility.
(c) This section applies only to a public utility located in
a county with a population of 600,000 or more and located on the
international border.
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.