By: Shapleigh S.B. No. 1563
A BILL TO BE ENTITLED
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. IMMUNITY FROM LIABILITY OF AN ELECTRIC
UTILITY. (a) In this section:
(1) "Person" includes an individual as defined by
Section 71.001.
(2) "Electric utility" means an electric utility as
defined by Section 31.002, Utilities Code.
(b) An electric 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 to a third party who enters the premises for recreation to
the extent the municipality, county, or political subdivision
agrees to indemnify the electric utility for liability arising from
the condition of the premises for such recreational use.
(c) This section applies only to a county that is within 50
miles of an international border and has a population that is in
excess of 675,000.
SECTION 2. Subsection (b), Section 75.003, Civil Practice
and Remedies Code, is amended to read as follows:
(b) This chapter does not affect the doctrine of attractive
nuisance, except as follows:
(1) [that] the doctrine may not be the basis for
liability of an owner, lessee, or occupant of agricultural land for
any injury to a trespasser over the age of 16 years; and
(2) the doctrine is limited to the extent provided by
Section 75.0021(b).
SECTION 3. 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.