| 1 | 1 | | By: Shapleigh S.B. No. 1563 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to the liability of an electric utility that allows |
|---|
| 7 | 7 | | recreational use of land that the utility owns, occupies, or |
|---|
| 8 | 8 | | leases. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 75, Civil Practice and Remedies Code, is |
|---|
| 11 | 11 | | amended by adding Section 75.0021 to read as follows: |
|---|
| 12 | 12 | | Sec. 75.0021. IMMUNITY FROM LIABILITY OF AN ELECTRIC |
|---|
| 13 | 13 | | UTILITY. (a) In this section: |
|---|
| 14 | 14 | | (1) "Person" includes an individual as defined by |
|---|
| 15 | 15 | | Section 71.001. |
|---|
| 16 | 16 | | (2) "Electric utility" means an electric utility as |
|---|
| 17 | 17 | | defined by Section 31.002, Utilities Code. |
|---|
| 18 | 18 | | (b) An electric utility that, as the owner, easement holder, |
|---|
| 19 | 19 | | occupant, or lessee of land, signs an agreement with a |
|---|
| 20 | 20 | | municipality, county, or political subdivision to allow public |
|---|
| 21 | 21 | | access to or use of the premises for recreation by allowing the |
|---|
| 22 | 22 | | public access or use does not assume responsibility or incur |
|---|
| 23 | 23 | | liability to a third party who enters the premises for recreation to |
|---|
| 24 | 24 | | the extent the municipality, county, or political subdivision |
|---|
| 25 | 25 | | agrees to indemnify the electric utility for liability arising from |
|---|
| 26 | 26 | | the condition of the premises for such recreational use. |
|---|
| 27 | 27 | | (c) This section applies only to a county that is within 50 |
|---|
| 28 | 28 | | miles of an international border and has a population that is in |
|---|
| 29 | 29 | | excess of 675,000. |
|---|
| 30 | 30 | | SECTION 2. Subsection (b), Section 75.003, Civil Practice |
|---|
| 31 | 31 | | and Remedies Code, is amended to read as follows: |
|---|
| 32 | 32 | | (b) This chapter does not affect the doctrine of attractive |
|---|
| 33 | 33 | | nuisance, except as follows: |
|---|
| 34 | 34 | | (1) [that] the doctrine may not be the basis for |
|---|
| 35 | 35 | | liability of an owner, lessee, or occupant of agricultural land for |
|---|
| 36 | 36 | | any injury to a trespasser over the age of 16 years; and |
|---|
| 37 | 37 | | (2) the doctrine is limited to the extent provided by |
|---|
| 38 | 38 | | Section 75.0021(b). |
|---|
| 39 | 39 | | SECTION 3. This Act applies only to a cause of action that |
|---|
| 40 | 40 | | accrues on or after the effective date of this Act. A cause of |
|---|
| 41 | 41 | | action that accrues before the effective date of this Act is |
|---|
| 42 | 42 | | governed by the law in effect immediately before that date, and that |
|---|
| 43 | 43 | | law is continued in effect for that purpose. |
|---|
| 44 | 44 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 48 | 48 | | Act takes effect September 1, 2009. |
|---|