Texas 2009 - 81st Regular

Texas House Bill HB783 Compare Versions

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Old	New	Differences
1	1	H.B. No. 783
2	2
3	3
4	4	AN ACT
5	5	relating to the liability of an electric utility that allows
6	6	recreational use of land that the utility owns, occupies, or
7	7	leases.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 75, Civil Practice and Remedies Code, is
10	10	amended by adding Section 75.0021 to read as follows:
11	11	Sec. 75.0021. LIMITED LIABILITY OF CERTAIN PUBLIC
12	12	UTILITIES. (a) In this section:
13	13	(1) "Person" includes an individual as defined by
14	14	Section 71.001.
15	15	(2) "Public utility" means an electric utility as
16	16	defined by Section 31.002, Utilities Code.
17	17	(b) A public utility that, as the owner, easement holder,
18	18	occupant, or lessee of land, signs an agreement with a
19	19	municipality, county, or political subdivision to allow public
20	20	access to or use of the premises for recreation by allowing the
21	21	public access or use does not assume responsibility or incur
22	22	liability beyond that provided by Chapter 75 of the Civil Practice
23	23	and Remedies Code to a third party who enters the premises for
24	24	recreation to the extent the municipality, county, or political
25	25	subdivision purchases a general liability insurance policy in
26	26	amounts required by Chapter 75 of the Civil Practice and Remedies
27	27	Code insuring the public utility for liability arising from the
28	28	condition of the premises for such recreational use.
29	29	(c) This section applies only to a public utility located
30	30	in:
31	31	(1) a county with a population of 600,000 or more and
32	32	located on the international border; or
33	33	(2) a municipal management district located in a
34	34	municipality with a population of more than 1.9 million.
35	35	SECTION 2. This Act applies only to a cause of action that
36	36	accrues on or after the effective date of this Act. A cause of
37	37	action that accrues before the effective date of this Act is
38	38	governed by the law in effect immediately before that date, and that
39	39	law is continued in effect for that purpose.
40	40	SECTION 3. This Act takes effect immediately if it receives
41	41	a vote of two-thirds of all the members elected to each house, as
42	42	provided by Section 39, Article III, Texas Constitution. If this
43	43	Act does not receive the vote necessary for immediate effect, this
44	44	Act takes effect September 1, 2009.
45	45	______________________________ ______________________________
46	46	President of the Senate Speaker of the House
47	47	I certify that H.B. No. 783 was passed by the House on April
48	48	22, 2009, by the following vote: Yeas 148, Nays 0, 2 present, not
49	49	voting; and that the House concurred in Senate amendments to H.B.
50	50	No. 783 on May 25, 2009, by the following vote: Yeas 139, Nays 0, 2
51	51	present, not voting.
52	52	______________________________
53	53	Chief Clerk of the House
54	54	I certify that H.B. No. 783 was passed by the Senate, with
55	55	amendments, on May 22, 2009, by the following vote: Yeas 30, Nays
56	56	0.
57	57	______________________________
58	58	Secretary of the Senate
59	59	APPROVED: __________________
60	60	Date
61	61	__________________
62	62	Governor