Texas 2009 - 81st Regular

Texas House Bill HB859 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3239 AJA-D
2	2	By: Laubenberg H.B. No. 859
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to liability for property damage arising in connection
8	8	with the use of certain easements; providing a waiver of sovereign
9	9	immunity.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 4, Civil Practice and Remedies Code, is
12	12	amended by adding Chapter 100A to read as follows:
13	13	CHAPTER 100A. PROPERTY DAMAGE ARISING OUT OF USE OF CERTAIN
14	14	EASEMENTS
15	15	Sec. 100A.001. EASEMENT USED FOR PUBLIC PURPOSE. (a) For
16	16	purposes of this section, an easement is used for a public purpose
17	17	if it is used for a purpose for which the easement holder has the
18	18	authority to condemn an easement, regardless of whether the
19	19	easement holder acquired the easement by condemnation.
20	20	(b) A governmental unit, as defined by Section 101.001, that
21	21	holds an easement on private property, or a private entity that
22	22	holds an easement on private property that is used by the easement
23	23	holder for a public purpose, is liable to the property owner for any
24	24	damage to the owner's property outside the area covered by the
25	25	easement that arises out of the easement holder's use of the
26	26	easement or ingress or egress on the property to access the
27	27	easement, regardless of whether the easement holder commits a
28	28	negligent or intentional act.
29	29	(c) This section does not affect any liability of an
30	30	easement holder for damage to property within the area covered by
31	31	the easement.
32	32	SECTION 2. Section 101.021, Civil Practice and Remedies
33	33	Code, is amended to read as follows:
34	34	Sec. 101.021. GOVERNMENTAL LIABILITY. A governmental unit
35	35	in the state is liable for:
36	36	(1) property damage, personal injury, and death
37	37	proximately caused by the wrongful act or omission or the
38	38	negligence of an employee acting within the employee's [his] scope
39	39	of employment if:
40	40	(A) the property damage, personal injury, or
41	41	death arises from the operation or use of a motor-driven vehicle or
42	42	motor-driven equipment; and
43	43	(B) the employee would be personally liable to
44	44	the claimant according to Texas law; [and]
45	45	(2) personal injury and death so caused by a condition
46	46	or use of tangible personal or real property if the governmental
47	47	unit would, were it a private person, be liable to the claimant
48	48	according to Texas law; and
49	49	(3) as provided by Chapter 100A, property damage
50	50	arising out of the governmental unit's use of or access to an
51	51	easement.
52	52	SECTION 3. The change in law made by this Act applies only
53	53	to a cause of action that accrues on or after the effective date of
54	54	this Act. A cause of action that accrues before the effective date
55	55	of this Act is governed by the law in effect immediately before that
56	56	date, and that law is continued in effect for that purpose.
57	57	SECTION 4. This Act takes effect immediately if it receives
58	58	a vote of two-thirds of all the members elected to each house, as
59	59	provided by Section 39, Article III, Texas Constitution. If this
60	60	Act does not receive the vote necessary for immediate effect, this
61	61	Act takes effect September 1, 2009.