85R13380 CAE-F
By: Springer H.B. No. 3240
A BILL TO BE ENTITLED
AN ACT
relating to liability of certain gas utilities providing services
or materials in the inspection, construction, or repair of a gas
pipeline.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 97, Civil Practice and Remedies Code, is
amended by adding Section 97.003 to read as follows:
Sec. 97.003. LIMIT ON LIABILITY OF GAS UTILITIES PROVIDING
ASSISTANCE TO GOVERNMENTAL UNITS AND INSTITUTIONS OF HIGHER
EDUCATION. (a) In this section:
(1) "Emergency" means a situation that endangers life,
health, or property or a situation in which the public need for
uninterrupted service provided by the gas pipeline or immediate
reestablishment of service if service is interrupted compels
immediate action.
(2) "Gas utility" has the meaning assigned by Sections
101.003 and 121.001, Utilities Code.
(3) "Governmental unit" has the meaning assigned by
Section 101.001.
(4) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(b) A gas utility that inspects, constructs, or repairs a
gas pipeline owned or operated by a governmental unit or an
institution of higher education is not liable 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 personal injury, property 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 personal injury, property damage, or death
was not caused by the gas utility's wilful misconduct.
SECTION 2. Section 97.003, Civil Practice and Remedies
Code, as added by this Act, applies only to a cause of action that
accrues on or after the effective date of this Act. A cause of
action that accrued before the effective date of this Act is
governed by the law applicable to the action 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, 2017.