Texas Senate Bill SB1793

Texas 2011 - 82nd Regular

Caption

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

Impact

The bill's implications for state law focus on reducing liability risks for public utilities engaging in recreational land use. By clarifying the extent of liability a utility incurs when allowing public access, the law is expected to provide a more secure legal framework for both the utilities and the municipalities that partner with them. The bill encourages utilities to open up their lands for public recreation without undue fear of litigation, which can improve community relationships and promote active lifestyles among residents.

Summary

SB1793 seeks to amend the Civil Practice and Remedies Code regarding the liability of public utilities that permit recreational use of their properties. The bill stipulates that these utilities—including electric, telecommunications, gas, and water utilities—will not assume additional liability for injuries or damages that occur on their land when they allow public access for recreational purposes. This bill introduces clear legal protections that can potentially encourage public utilities to make their land available for recreational activities, which can enhance community involvement and outdoor activities.

Sentiment

Discussion around SB1793 reveals a generally supportive sentiment among legislators who see the bill as a critical move for both public utilities and local governments. Proponents argue that it will foster greater community engagement and better land use practices. However, there is caution from some sectors who express concern that reducing liability could lead to less safe conditions on utility properties. The discussions highlight an ongoing debate over balancing public access with safety and liability considerations.

Contention

Notable points of contention include the nuances of liability itself. Critics argue that the liability limitations could lead to public safety issues if utilities do not maintain their properties adequately or if the premises are left in disrepair. The bill includes a requirement for public utilities to post warning signs about the limited liability offered under state law, which some see as an essential safeguard. The debate revolves around the effectiveness of these warnings in protecting both the utility and the public.