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