H.B. No. 783
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. LIMITED 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, easement holder,
occupant, or lessee of land, signs an agreement with a
municipality, county, or political subdivision to allow public
access to or use of the premises for recreation by allowing the
public access or use does not assume responsibility or incur
liability beyond that provided by Chapter 75 of the Civil Practice
and Remedies Code to a third party who enters the premises for
recreation to the extent the municipality, county, or political
subdivision purchases a general liability insurance policy in
amounts required by Chapter 75 of the Civil Practice and Remedies
Code insuring the public utility for liability arising from the
condition of the premises for such recreational use.
(c) This section applies only to a public utility located
in:
(1) a county with a population of 600,000 or more and
located on the international border; or
(2) 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 783 was passed by the House on April
22, 2009, by the following vote: Yeas 148, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 783 on May 25, 2009, by the following vote: Yeas 139, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 783 was passed by the Senate, with
amendments, on May 22, 2009, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor