BILL ANALYSIS H.B. 3240 By: Springer Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Interested parties note that during an emergency a gas utility may be asked to assist other entities with the restoration of gas services. The parties have raised concerns that such a utility may be held liable for certain unintended outcomes relating to such assistance. H.B. 3240 seeks to address this issue by providing for a certain exemption from liability for a gas utility providing assistance to a governmental unit or institution of higher education in response to an emergency. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 3240 amends the Civil Practice and Remedies Code to exempt a gas utility that inspects, constructs, or repairs a gas pipeline owned or operated by a governmental unit or a public institution of higher education from liability to a claimant for personal injury, property damage, or death arising from the performance of the inspection, construction, or repair if, at the time of the injury, damage, or death, the gas utility was providing services or materials at the request of the governmental unit or institution of higher education in response to an emergency and the injury, damage, or death was not caused by the gas utility's wilful misconduct. EFFECTIVE DATE September 1, 2017.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 3240
By: Springer
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
H.B. 3240
By: Springer
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Interested parties note that during an emergency a gas utility may be asked to assist other entities with the restoration of gas services. The parties have raised concerns that such a utility may be held liable for certain unintended outcomes relating to such assistance. H.B. 3240 seeks to address this issue by providing for a certain exemption from liability for a gas utility providing assistance to a governmental unit or institution of higher education in response to an emergency.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 3240 amends the Civil Practice and Remedies Code to exempt a gas utility that inspects, constructs, or repairs a gas pipeline owned or operated by a governmental unit or a public institution of higher education from liability to a claimant for personal injury, property damage, or death arising from the performance of the inspection, construction, or repair if, at the time of the injury, damage, or death, the gas utility was providing services or materials at the request of the governmental unit or institution of higher education in response to an emergency and the injury, damage, or death was not caused by the gas utility's wilful misconduct.
EFFECTIVE DATE September 1, 2017.
BACKGROUND AND PURPOSE
Interested parties note that during an emergency a gas utility may be asked to assist other entities with the restoration of gas services. The parties have raised concerns that such a utility may be held liable for certain unintended outcomes relating to such assistance. H.B. 3240 seeks to address this issue by providing for a certain exemption from liability for a gas utility providing assistance to a governmental unit or institution of higher education in response to an emergency.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 3240 amends the Civil Practice and Remedies Code to exempt a gas utility that inspects, constructs, or repairs a gas pipeline owned or operated by a governmental unit or a public institution of higher education from liability to a claimant for personal injury, property damage, or death arising from the performance of the inspection, construction, or repair if, at the time of the injury, damage, or death, the gas utility was providing services or materials at the request of the governmental unit or institution of higher education in response to an emergency and the injury, damage, or death was not caused by the gas utility's wilful misconduct.
EFFECTIVE DATE
September 1, 2017.