Texas 2011 - 82nd Regular

Texas House Bill HB1943 Compare Versions

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Old	New	Differences
1	1	82R22957 CAE-D
2	2	By: Murphy H.B. No. 1943
3	3	Substitute the following for H.B. No. 1943:
4	4	By: Kleinschmidt C.S.H.B. No. 1943
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to liability of certain public utilities that allow
10	10	certain uses of land that the public utility owns, occupies, or
11	11	leases.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 75.0021, Civil Practice and Remedies
14	14	Code, is amended to read as follows:
15	15	Sec. 75.0021. LIMITED LIABILITY OF CERTAIN PUBLIC
16	16	UTILITIES. (a) In this section:
17	17	(1) "Person" includes an individual as defined by
18	18	Section 71.001.
19	19	(2) "Public utility" means:
20	20	(A) an electric utility as defined by Section
21	21	31.002, Utilities Code;
22	22	(B) a telecommunications provider as defined by
23	23	Section 51.002, Utilities Code;
24	24	(C) a gas utility as defined by Section 101.003
25	25	or 121.001, Utilities Code; or
26	26	(D) a water and sewer utility as defined by
27	27	Section 13.002, Water Code.
28	28	(b) A public utility [that], as the owner, easement holder,
29	29	occupant, or lessee of land, may enter into an easement or license
30	30	or lease agreement with a municipal management district to allow
31	31	access by the public to [signs an agreement with a municipality,
32	32	county, or political subdivision to allow public access to or use
33	33	of] the premises of the public utility for recreation, exercise,
34	34	education, relaxation, travel, or pleasure. An easement or license
35	35	or lease agreement entered into under this subsection must require
36	36	the municipal management district to provide insurance coverage.
37	37	The public utility [by allowing the public access or use] does not,
38	38	by entering into the easement or license or lease agreement or at
39	39	any time during the term of the easement or license or lease
40	40	agreement:
41	41	(1) ensure that the premises are safe for recreation,
42	42	exercise, education, relaxation, travel, or pleasure; or
43	43	(2) assume responsibility or incur any liability for:
44	44	(A) damages arising from or related to bodily or
45	45	other personal injury to or death of any person [beyond that
46	46	provided by Chapter 75 of the Civil Practice and Remedies Code to a
47	47	third party] who enters the premises for recreation, exercise,
48	48	education, relaxation, travel, or pleasure or accompanies another
49	49	person entering the premises for recreation, exercise, education,
50	50	relaxation, travel, or pleasure;
51	51	(B) property damage sustained by any person who
52	52	enters the premises for recreation, exercise, education,
53	53	relaxation, travel, or pleasure or accompanies another person
54	54	entering the premises for recreation, exercise, education,
55	55	relaxation, travel, or pleasure; or
56	56	(C) an act of a third party that occurs on the
57	57	premises, regardless of whether the act is intentional.
58	58	(c) Subsection (b) applies to any claim for damages,
59	59	including a claim:
60	60	(1) alleging gross negligence;
61	61	(2) asserting the doctrine of attractive nuisance; or
62	62	(3) arising from contact of a person or property with
63	63	power lines or exposure of a person or property to electric and
64	64	magnetic fields [to the extent the municipality, county, or
65	65	political subdivision purchases a general liability insurance
66	66	policy in amounts required by Chapter 75 of the Civil Practice and
67	67	Remedies Code insuring the public utility for liability arising
68	68	from the condition of the premises for such recreational use].
69	69	(d) A public utility that, as the owner, easement holder,
70	70	occupant, or lessee of land, enters into an easement or license or
71	71	lease agreement with a municipal management district to allow the
72	72	use of the premises for recreation, exercise, education,
73	73	relaxation, travel, or pleasure shall post and maintain a clearly
74	74	readable sign in a clearly visible location on or near the premises.
75	75	The sign must contain the following warning language:
76	76	WARNING
77	77	TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE)
78	78	LIMITS THE LIABILITY OF A PUBLIC UTILITY FOR DAMAGES ARISING FROM
79	79	THE USE OF THIS PROPERTY FOR RECREATION, EXERCISE, EDUCATION,
80	80	RELAXATION, TRAVEL, OR PLEASURE.
81	81	(e) [(c)] This section applies only with respect to land [a
82	82	public utility] located in:
83	83	(1) a county with a population of 600,000 or more and
84	84	located on the international border; or
85	85	(2) a municipal management district located in a
86	86	municipality with a population of more than 1.9 million.
87	87	(f) The provisions of this section apply only during the
88	88	term of the easement or license or lease agreement between the
89	89	public utility and the municipal management district.
90	90	SECTION 2. Section 75.003(b), Civil Practice and Remedies
91	91	Code, is amended to read as follows:
92	92	(b) Except as provided by Sections 75.0021(b) and (c), this
93	93	[This] chapter does not affect the doctrine of attractive nuisance,
94	94	except that the doctrine may not be the basis for liability of an
95	95	owner, lessee, or occupant of agricultural land for any injury to a
96	96	trespasser over the age of 16 years.
97	97	SECTION 3. The change in law made by this Act applies only
98	98	to a cause of action that accrues on or after the effective date of
99	99	this Act. A cause of action that accrues before the effective date
100	100	of this Act is governed by the law in effect immediately before that
101	101	date, and that law is continued in effect for that purpose.
102	102	SECTION 4. This Act takes effect immediately if it receives
103	103	a vote of two-thirds of all the members elected to each house, as
104	104	provided by Section 39, Article III, Texas Constitution. If this
105	105	Act does not receive the vote necessary for immediate effect, this
106	106	Act takes effect September 1, 2011.