| 1 | 1 | | 84R4461 LED-F |
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| 2 | 2 | | By: Birdwell S.B. No. 865 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to immunity of a governmental entity for damage to certain |
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| 8 | 8 | | utility facilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 101.055, Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | Sec. 101.055. CERTAIN GOVERNMENTAL FUNCTIONS. (a) This |
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| 13 | 13 | | chapter does not apply to a claim arising: |
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| 14 | 14 | | (1) in connection with the assessment or collection of |
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| 15 | 15 | | taxes by a governmental unit; |
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| 16 | 16 | | (2) from the action of an employee while responding to |
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| 17 | 17 | | an emergency call or reacting to an emergency situation if the |
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| 18 | 18 | | action is in compliance with the laws and ordinances applicable to |
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| 19 | 19 | | emergency action, or in the absence of such a law or ordinance, if |
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| 20 | 20 | | the action is not taken with conscious indifference or reckless |
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| 21 | 21 | | disregard for the safety of others; [or] |
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| 22 | 22 | | (3) from the failure to provide or the method of |
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| 23 | 23 | | providing police or fire protection; or |
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| 24 | 24 | | (4) from the action of an employee causing damage to an |
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| 25 | 25 | | underground facility in the course of routine maintenance on a |
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| 26 | 26 | | public road right-of-way. |
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| 27 | 27 | | (b) In this section: |
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| 28 | 28 | | (1) "Routine maintenance" has the meaning assigned by |
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| 29 | 29 | | Section 251.156, Utilities Code. |
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| 30 | 30 | | (2) "Underground facility" has the meaning assigned by |
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| 31 | 31 | | Section 251.002, Utilities Code. |
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| 32 | 32 | | SECTION 2. The change in law made by this Act applies only |
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| 33 | 33 | | to a claim arising on or after the effective date of this Act. A |
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| 34 | 34 | | claim that arises before the effective date of this Act is governed |
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| 35 | 35 | | by the law applicable to the claim immediately before the effective |
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| 36 | 36 | | date of this Act, and that law is continued in effect for that |
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| 37 | 37 | | purpose. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2015. |
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