Texas House Bill HB859

Texas 2009 - 81st Regular

Caption

Relating to liability for property damage arising in connection with the use of certain easements; providing a waiver of sovereign immunity.

Impact

The introduction of HB 859 represents a significant shift in how property damage claims involving easements are handled. By clarifying that easement holders can be held liable for damages related to their use of the property, it ensures that property owners have a legal avenue for recourse if their property is harmed in such scenarios. This is particularly impactful for landowners whose property may be adjacent to public utility infrastructures or other government-related projects that utilize easements. Furthermore, the inclusion of a waiver of sovereign immunity means that governmental entities can no longer claim immunity from such liability, thus increasing accountability.

Summary

House Bill 859 addresses the liability for property damage that occurs in connection with the use of certain easements. The bill establishes that a governmental unit or a private entity holding an easement used for public purposes is liable to the property owner for any damage outside the area covered by the easement. This includes damage resulting from ingress and egress related to that easement, irrespective of whether any negligent or intentional acts have been committed by the easement holder. This provision emphasizes the responsibility of easement holders toward property owners when their actions affect areas beyond the easement itself.

Contention

Despite the clear intentions of HB 859 to protect property owners, there may be contention surrounding its implementation. Concerns could arise regarding the potential for increased litigation against both governmental and private entities, which may result in heightened operational costs associated with defending claims or compensating for damages. Stakeholders may also raise issues about the definition of public purpose, questioning the intentions behind certain easement usages and whether all easements actively serve a public benefit. The bill's effect on future property developments and government projects using easements could also be a point of debate among legislators.