81R3239 AJA-D
By: Laubenberg H.B. No. 859
A BILL TO BE ENTITLED
AN ACT
relating to liability for property damage arising in connection
with the use of certain easements; providing a waiver of sovereign
immunity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 100A to read as follows:
CHAPTER 100A. PROPERTY DAMAGE ARISING OUT OF USE OF CERTAIN
EASEMENTS
Sec. 100A.001. EASEMENT USED FOR PUBLIC PURPOSE. (a) For
purposes of this section, an easement is used for a public purpose
if it is used for a purpose for which the easement holder has the
authority to condemn an easement, regardless of whether the
easement holder acquired the easement by condemnation.
(b) A governmental unit, as defined by Section 101.001, that
holds an easement on private property, or a private entity that
holds an easement on private property that is used by the easement
holder for a public purpose, is liable to the property owner for any
damage to the owner's property outside the area covered by the
easement that arises out of the easement holder's use of the
easement or ingress or egress on the property to access the
easement, regardless of whether the easement holder commits a
negligent or intentional act.
(c) This section does not affect any liability of an
easement holder for damage to property within the area covered by
the easement.
SECTION 2. Section 101.021, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 101.021. GOVERNMENTAL LIABILITY. A governmental unit
in the state is liable for:
(1) property damage, personal injury, and death
proximately caused by the wrongful act or omission or the
negligence of an employee acting within the employee's [his] scope
of employment if:
(A) the property damage, personal injury, or
death arises from the operation or use of a motor-driven vehicle or
motor-driven equipment; and
(B) the employee would be personally liable to
the claimant according to Texas law; [and]
(2) personal injury and death so caused by a condition
or use of tangible personal or real property if the governmental
unit would, were it a private person, be liable to the claimant
according to Texas law; and
(3) as provided by Chapter 100A, property damage
arising out of the governmental unit's use of or access to an
easement.
SECTION 3. The change in law made by 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 4. 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.