85R23659 CAE-D
By: Miller, Bonnen of Galveston, Zerwas, H.B. No. 931
Thompson of Harris, Fallon, et al.
A BILL TO BE ENTITLED
AN ACT
relating to liability of certain electric utilities and political
subdivisions that contract for certain uses of land that the
electric utility owns, occupies, or leases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 75.0022(h), Civil Practice and Remedies
Code, is amended to read as follows:
(h) A written agreement entered into under this section may
require the political subdivision to provide or pay for:
(1) insurance coverage for any defense costs or other
litigation costs incurred by the electric utility for damage claims
under this section; and
(2) costs incurred by the electric utility in entering
the agreement under this section, including reimbursement for
maintenance or removal of facilities and additional taxes, fees,
and other costs incurred by the electric utility.
SECTION 2. Section 75.007(e), Civil Practice and Remedies
Code, is amended to read as follows:
(e) This section does not affect Section 75.001, 75.002,
[75.0021,] 75.003, or 75.004 or create or increase the liability of
any person.
SECTION 3. Subchapter B, Chapter 101, Civil Practice and
Remedies Code, is amended by adding Section 101.030 to read as
follows:
Sec. 101.030. LIABILITY OF POLITICAL SUBDIVISION IN
AGREEMENT WITH ELECTRIC UTILITY. (a) This chapter applies to a
political subdivision that enters into a written agreement with an
electric utility for public access to and use of the premises of the
electric utility as provided by Section 75.0022.
(b) Liability of a political subdivision that arises from
the use of property that is subject to an agreement under Section
75.0022 is limited, as justice and equity may require, to an amount
not to exceed:
(1) $350,000 for each person;
(2) $700,000 for each single occurrence for bodily
injury or death;
(3) $100,000 for each single occurrence for injury to
or destruction of property;
(4) court costs;
(5) reasonable attorney's fees; and
(6) any other expense incurred in filing a cause of
action against a political subdivision under this section.
SECTION 4. Sections 75.0021 and 75.0022(b), Civil Practice
and Remedies Code, are repealed.
SECTION 5. (a) The change in law made 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 accrues before the
effective date of this Act is governed by the law applicable to the
cause of action immediately before that date, and that law is
continued in effect for that purpose.
(b) The change in law made by this Act to Section
75.0022(h), Civil Practice and Remedies Code, does not apply to an
agreement entered into between an electric utility and a political
subdivision before the effective date of this Act.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.