| 1 | 1 | | 85R13380 CAE-F |
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| 2 | 2 | | By: Springer H.B. No. 3240 |
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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 liability of certain gas utilities providing services |
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| 8 | 8 | | or materials in the inspection, construction, or repair of a gas |
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| 9 | 9 | | pipeline. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 97, Civil Practice and Remedies Code, is |
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| 12 | 12 | | amended by adding Section 97.003 to read as follows: |
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| 13 | 13 | | Sec. 97.003. LIMIT ON LIABILITY OF GAS UTILITIES PROVIDING |
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| 14 | 14 | | ASSISTANCE TO GOVERNMENTAL UNITS AND INSTITUTIONS OF HIGHER |
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| 15 | 15 | | EDUCATION. (a) In this section: |
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| 16 | 16 | | (1) "Emergency" means a situation that endangers life, |
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| 17 | 17 | | health, or property or a situation in which the public need for |
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| 18 | 18 | | uninterrupted service provided by the gas pipeline or immediate |
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| 19 | 19 | | reestablishment of service if service is interrupted compels |
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| 20 | 20 | | immediate action. |
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| 21 | 21 | | (2) "Gas utility" has the meaning assigned by Sections |
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| 22 | 22 | | 101.003 and 121.001, Utilities Code. |
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| 23 | 23 | | (3) "Governmental unit" has the meaning assigned by |
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| 24 | 24 | | Section 101.001. |
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| 25 | 25 | | (4) "Institution of higher education" has the meaning |
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| 26 | 26 | | assigned by Section 61.003, Education Code. |
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| 27 | 27 | | (b) A gas utility that inspects, constructs, or repairs a |
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| 28 | 28 | | gas pipeline owned or operated by a governmental unit or an |
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| 29 | 29 | | institution of higher education is not liable to a claimant for |
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| 30 | 30 | | personal injury, property damage, or death arising from the |
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| 31 | 31 | | performance of the inspection, construction, or repair if, at the |
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| 32 | 32 | | time of the personal injury, property damage, or death, the gas |
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| 33 | 33 | | utility was providing services or materials at the request of the |
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| 34 | 34 | | governmental unit or institution of higher education in response to |
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| 35 | 35 | | an emergency, and the personal injury, property damage, or death |
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| 36 | 36 | | was not caused by the gas utility's wilful misconduct. |
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| 37 | 37 | | SECTION 2. Section 97.003, Civil Practice and Remedies |
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| 38 | 38 | | Code, as added by this Act, applies only to a cause of action that |
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| 39 | 39 | | accrues on or after the effective date of this Act. A cause of |
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| 40 | 40 | | action that accrued before the effective date of this Act is |
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| 41 | 41 | | governed by the law applicable to the action immediately before the |
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| 42 | 42 | | effective date of this Act, and that law is continued in effect for |
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| 43 | 43 | | that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2017. |
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