Texas 2013 - 83rd Regular

Texas Senate Bill SB633 Compare Versions

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1	1	By: Ellis, Patrick S.B. No. 633
2	2	(In the Senate - Filed February 18, 2013; February 25, 2013,
3	3	read first time and referred to Committee on State Affairs;
4	4	March 20, 2013, reported favorably by the following vote: Yeas 8,
5	5	Nays 0; March 20, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to liability of certain electric utilities that allow
11	11	certain uses of land that the electric utility owns, occupies, or
12	12	leases.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subsection (a), Section 51.014, Civil Practice
15	15	and Remedies Code, is amended to read as follows:
16	16	(a) A person may appeal from an interlocutory order of a
17	17	district court, county court at law, or county court that:
18	18	(1) appoints a receiver or trustee;
19	19	(2) overrules a motion to vacate an order that
20	20	appoints a receiver or trustee;
21	21	(3) certifies or refuses to certify a class in a suit
22	22	brought under Rule 42 of the Texas Rules of Civil Procedure;
23	23	(4) grants or refuses a temporary injunction or grants
24	24	or overrules a motion to dissolve a temporary injunction as
25	25	provided by Chapter 65;
26	26	(5) denies a motion for summary judgment that is based
27	27	on an assertion of immunity by an individual who is an officer or
28	28	employee of the state or a political subdivision of the state;
29	29	(6) denies a motion for summary judgment that is based
30	30	in whole or in part upon a claim against or defense by a member of
31	31	the electronic or print media, acting in such capacity, or a person
32	32	whose communication appears in or is published by the electronic or
33	33	print media, arising under the free speech or free press clause of
34	34	the First Amendment to the United States Constitution, or Article
35	35	I, Section 8, of the Texas Constitution, or Chapter 73;
36	36	(7) grants or denies the special appearance of a
37	37	defendant under Rule 120a, Texas Rules of Civil Procedure, except
38	38	in a suit brought under the Family Code;
39	39	(8) grants or denies a plea to the jurisdiction by a
40	40	governmental unit as that term is defined in Section 101.001;
41	41	(9) denies all or part of the relief sought by a motion
42	42	under Section 74.351(b), except that an appeal may not be taken from
43	43	an order granting an extension under Section 74.351;
44	44	(10) grants relief sought by a motion under Section
45	45	74.351(l); [or]
46	46	(11) denies a motion to dismiss filed under Section
47	47	90.007; or
48	48	(12) denies a motion for summary judgment filed by an
49	49	electric utility regarding liability in a suit subject to Section
50	50	75.0022.
51	51	SECTION 2. Subsection (c), Section 75.0021, Civil Practice
52	52	and Remedies Code, is amended to read as follows:
53	53	(c) This section applies only to a public utility located
54	54	in[:
55	55	[(1)] a county with a population of 800,000 or more and
56	56	located on the international border[; or
57	57	[(2) a municipal management district located in a
58	58	municipality with a population of more than 1.9 million].
59	59	SECTION 3. Chapter 75, Civil Practice and Remedies Code, is
60	60	amended by adding Section 75.0022 to read as follows:
61	61	Sec. 75.0022. LIMITED LIABILITY OF CERTAIN ELECTRIC
62	62	UTILITIES. (a) In this section:
63	63	(1) "Electric utility" has the meaning assigned by
64	64	Section 31.002, Utilities Code.
65	65	(2) "Person" includes an individual, as defined by
66	66	Section 71.001.
67	67	(3) "Premises" includes the land owned, occupied, or
68	68	leased by an electric utility, or covered by an easement owned by an
69	69	electric utility, with respect to which public access and use is
70	70	allowed in a written agreement with a political subdivision under
71	71	Subsection (c).
72	72	(4) "Serious bodily injury" means an injury that
73	73	creates a substantial risk of death or that causes serious
74	74	permanent disfigurement or protracted loss or impairment of the
75	75	function of a body part or organ.
76	76	(b) This section applies only to an electric utility located
77	77	in a county with a population of four million or more.
78	78	(c) An electric utility, as the owner, easement holder,
79	79	occupant, or lessee of land, may enter into a written agreement with
80	80	a political subdivision to allow public access to and use of the
81	81	premises of the electric utility for recreation, exercise,
82	82	relaxation, travel, or pleasure.
83	83	(d) The electric utility, by entering into an agreement
84	84	under this section or at any time during the term of the agreement,
85	85	does not:
86	86	(1) assure that the premises are safe for recreation,
87	87	exercise, relaxation, travel, or pleasure;
88	88	(2) owe to a person entering the premises for
89	89	recreation, exercise, relaxation, travel, or pleasure, or
90	90	accompanying another person entering the premises for recreation,
91	91	exercise, relaxation, travel, or pleasure, a greater degree of care
92	92	than is owed to a trespasser on the premises; or
93	93	(3) except as provided by Subsection (e), assume
94	94	responsibility or incur any liability for:
95	95	(A) damages arising from or related to bodily or
96	96	other personal injury to or death of any person who enters the
97	97	premises for recreation, exercise, relaxation, travel, or pleasure
98	98	or accompanies another person entering the premises for recreation,
99	99	exercise, relaxation, travel, or pleasure;
100	100	(B) property damage sustained by any person who
101	101	enters the premises for recreation, exercise, relaxation, travel,
102	102	or pleasure or accompanies another person entering the premises for
103	103	recreation, exercise, relaxation, travel, or pleasure; or
104	104	(C) an act of a third party that occurs on the
105	105	premises, regardless of whether the act is intentional.
106	106	(e) Subsection (d) does not limit the liability of an
107	107	electric utility for serious bodily injury or death of a person
108	108	proximately caused by the electric utility's wilful or wanton acts
109	109	or gross negligence with respect to a dangerous condition existing
110	110	on the premises.
111	111	(f) The limitation on liability provided by this section
112	112	applies only to a cause of action brought by a person who enters the
113	113	premises for recreation, exercise, relaxation, travel, or pleasure
114	114	or accompanies another person entering the premises for recreation,
115	115	exercise, relaxation, travel, or pleasure.
116	116	(g) The doctrine of attractive nuisance does not apply to a
117	117	claim that is subject to this section.
118	118	(h) A written agreement entered into under this section may
119	119	require the political subdivision to provide or pay for insurance
120	120	coverage for any defense costs or other litigation costs incurred
121	121	by the electric utility for damage claims under this section.
122	122	SECTION 4. Subsection (b), Section 75.003, Civil Practice
123	123	and Remedies Code, is amended to read as follows:
124	124	(b) This chapter does not affect the doctrine of attractive
125	125	nuisance, except:
126	126	(1) as provided by Section 75.0022(g); and
127	127	(2) [that] the doctrine of attractive nuisance may not
128	128	be the basis for liability of an owner, lessee, or occupant of
129	129	agricultural land for any injury to a trespasser over the age of 16
130	130	years.
131	131	SECTION 5. The change in law made by this Act applies only
132	132	to a cause of action that accrues on or after the effective date of
133	133	this Act. A cause of action that accrues before the effective date
134	134	of this Act is governed by the law in effect immediately before that
135	135	date, and that law is continued in effect for that purpose.
136	136	SECTION 6. This Act takes effect immediately if it receives
137	137	a vote of two-thirds of all the members elected to each house, as
138	138	provided by Section 39, Article III, Texas Constitution. If this
139	139	Act does not receive the vote necessary for immediate effect, this
140	140	Act takes effect September 1, 2013.
141	141	* * * * *