Texas 2011 - 82nd Regular

Texas House Bill HB3802 Compare Versions

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Old	New	Differences
1	1	82R23772 CAE-F
2	2	By: S. Davis of Harris, et al. H.B. No. 3802
3	3	Substitute the following for H.B. No. 3802:
4	4	By: Bohac C.S.H.B. No. 3802
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) an electric cooperative as defined by Section
25	25	11.003, Utilities Code;
26	26	(D) a gas utility as defined by Section 101.003
27	27	or 121.001, Utilities Code; or
28	28	(E) a water and sewer utility as defined by
29	29	Section 13.002, Water Code.
30	30	(b) A public utility that, as the owner, easement holder,
31	31	occupant, or lessee of land, gives permission to a person to enter
32	32	[signs an agreement with a municipality, county, or political
33	33	subdivision to allow public access to or use of] the premises for
34	34	recreation, exercise, education, relaxation, travel, or pleasure
35	35	[by allowing the public access or use] does not by giving that
36	36	permission:
37	37	(1) ensure that the premises are safe for recreation,
38	38	exercise, education, relaxation, travel, or pleasure; or
39	39	(2) assume responsibility or incur any liability for:
40	40	(A) damages arising from or related to any bodily
41	41	or other personal injury to or death of any person [beyond that
42	42	provided by Chapter 75 of the Civil Practice and Remedies Code to a
43	43	third party] who enters the premises for recreation, exercise,
44	44	education, relaxation, travel, or pleasure or accompanies another
45	45	person entering the premises for recreation, exercise, education,
46	46	relaxation, travel, or pleasure;
47	47	(B) property damage sustained by any person who
48	48	enters the premises for recreation, exercise, education,
49	49	relaxation, travel, or pleasure or accompanies another person
50	50	entering the premises for recreation, exercise, education,
51	51	relaxation, travel, or pleasure; or
52	52	(C) an act of a third party that occurs on the
53	53	premises, regardless of whether the act is intentional.
54	54	(c) Subsection (b) applies to any claim for damages,
55	55	including a claim:
56	56	(1) alleging gross negligence;
57	57	(2) asserting the doctrine of attractive nuisance; or
58	58	(3) arising from contact of a person or property with
59	59	power lines or exposure of a person or property to electric and
60	60	magnetic fields [to the extent the municipality, county, or
61	61	political subdivision purchases a general liability insurance
62	62	policy in amounts required by Chapter 75 of the Civil Practice and
63	63	Remedies Code insuring the public utility for liability arising
64	64	from the condition of the premises for such recreational use].
65	65	(d) A public utility that, as the owner, easement holder,
66	66	occupant, or lessee of land, allows the use of the premises for
67	67	recreation, exercise, education, relaxation, travel, or pleasure
68	68	shall post and maintain a clearly readable sign in a clearly visible
69	69	location on or near the premises. The sign must contain the
70	70	following warning language:
71	71	WARNING
72	72	TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE)
73	73	LIMITS THE LIABILITY OF A PUBLIC UTILITY FOR DAMAGES ARISING FROM
74	74	THE USE OF THIS PROPERTY FOR RECREATION, EXERCISE, EDUCATION,
75	75	RELAXATION, TRAVEL, OR PLEASURE.
76	76	(e) [(c)] This section applies only to a public utility
77	77	located in[:
78	78	[(1)] a county:
79	79	(1) with a population of 600,000 or more and located on
80	80	the international border; [or]
81	81	(2) with a population of four million or more; or
82	82	(3) adjacent to a county with a population of four
83	83	million or more [a municipal management district located in a
84	84	municipality with a population of more than 1.9 million].
85	85	SECTION 2. Section 75.003(b), Civil Practice and Remedies
86	86	Code, is amended to read as follows:
87	87	(b) Except as provided by Sections 75.0021(b) and (c), this
88	88	[This] chapter does not affect the doctrine of attractive nuisance,
89	89	except that the doctrine may not be the basis for liability of an
90	90	owner, lessee, or occupant of agricultural land for any injury to a
91	91	trespasser over the age of 16 years.
92	92	SECTION 3. The change in law made by this Act applies only
93	93	to a cause of action that accrues on or after the effective date of
94	94	this Act. A cause of action that accrues before the effective date
95	95	of this Act is governed by the law in effect immediately before that
96	96	date, and that law is continued in effect for that purpose.
97	97	SECTION 4. This Act takes effect immediately if it receives
98	98	a vote of two-thirds of all the members elected to each house, as
99	99	provided by Section 39, Article III, Texas Constitution. If this
100	100	Act does not receive the vote necessary for immediate effect, this
101	101	Act takes effect September 1, 2011.