Texas Senate Bill SB1988

Texas 2021 - 87th Regular

Caption

Relating to liability of certain electric utilities that allow certain uses of land that the electric utility owns, occupies, or leases.

Impact

The changes instituted by SB1988 specifically amend the liability provisions under the Civil Practice and Remedies Code. Under this bill, electric utilities do not assure that the premises are safe for visitor use and do not incur greater degrees of care than that owed to a trespasser. This contrasts with previous regulations, where utilities might have been liable for various incidents. The shift in liability is intended to protect utilities while still encouraging recreational use of their lands, potentially resulting in increased public engagement and enjoyment of outdoor activities.

Summary

SB1988 addresses the liability of electric utilities concerning land that they own, occupy, or lease. The bill permits these utilities to enter into written agreements with political subdivisions for public access to their lands for various recreational purposes, including exercise and relaxation. This allows for a greater utilization of utility-owned lands while also clarifying the utilities' liability concerning incidents that may arise during such use. The expectation is that with clearer terms outlined in the agreements, public access can increase without the utilities facing excessive legal repercussions.

Contention

Notably, there may be contention surrounding the implications of this bill on public safety and accountability. Critics could argue that by limiting the liabilities of electric utilities, there may be a risk to users who visit these lands. Concerns could arise regarding what this means for the safety and maintenance of the premises, especially since utilities will not be held to a standard of assurance regarding visitor safety. This creates a debate on balancing the rights of utility companies with the public's right to safely enjoy recreational spaces.