Texas House Bill HB1943

Texas 2011 - 82nd Regular

• Out of House Committee: 4/21/11
• Introduced: 3/1/11

Caption

Relating to liability of certain public utilities that allow certain uses of land that the public utility owns, occupies, or leases.

Impact

The implications of HB1943 are significant for both public utilities and the communities they serve. By permitting limited liability for utilities when allowing public access to their land, the bill aims to encourage the use of otherwise underutilized land for public benefit, such as recreational activities. This could promote community engagement and provide residents with more outdoor spaces for leisure. However, it also raises questions regarding the safety and infrastructure necessary to accommodate increased public use while minimizing legal risks for the utilities.

Summary

House Bill 1943 addresses the limited liability of certain public utilities concerning the use of land that they own, occupy, or lease. The bill specifically allows public utilities, such as electric, telecommunications, gas, and water utilities, to enter into easement or license agreements with municipal management districts. Through these agreements, utilities can permit public access to their land for recreational purposes. However, the bill outlines that utilities do not assume full liability for any injuries or damages occurring during such use, provided they post appropriate warnings about their limited liability under the law.

Contention

One point of contention surrounding the bill involves the balance between public access and safety. Critics may argue that limited liability can lead to negligence regarding the maintenance of the land, endangering public safety, especially if the land has hazardous conditions. Additionally, while proponents view this legislation as a means to encourage recreational usage of utility lands, opponents might contend that it could disproportionately affect areas with lower resources for safety measures and public infrastructure. Furthermore, the definitions of liability limits and municipal responsibilities could be points of debate in the legislative process.