| 1 | 1 | | By: Miles S.B. No. 1988 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to liability of certain electric utilities that allow |
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| 7 | 7 | | certain uses of land that the electric utility owns, occupies, or |
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| 8 | 8 | | leases. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 75.0022(c), (d), and (f), Civil Practice |
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| 11 | 11 | | and Remedies Code, is amended to read as follows: |
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| 12 | 12 | | (c) An electric utility, as the owner, easement holder, |
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| 13 | 13 | | occupant, or lessee of land, may enter into a written agreement with |
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| 14 | 14 | | a political subdivision to allow public access to and use of the |
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| 15 | 15 | | premises of the electric utility for recreation, exercise, |
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| 16 | 16 | | relaxation, travel, transportation, or pleasure. |
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| 17 | 17 | | (d) The electric utility, by entering into an agreement |
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| 18 | 18 | | under this section or at any time during the term of the agreement, |
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| 19 | 19 | | does not: |
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| 20 | 20 | | (1) assure that the premises are safe for recreation, |
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| 21 | 21 | | exercise, relaxation, travel, transportation, or pleasure; |
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| 22 | 22 | | (2) owe to a person entering the premises for |
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| 23 | 23 | | recreation, exercise, relaxation, travel, transportation, or |
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| 24 | 24 | | pleasure, or accompanying another person entering the premises for |
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| 25 | 25 | | recreation, exercise, relaxation, travel, transportation, or |
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| 26 | 26 | | pleasure, a greater degree of care than is owed to a trespasser on |
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| 27 | 27 | | the premises; or |
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| 28 | 28 | | (3) except as provided by Subsection (e), assume |
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| 29 | 29 | | responsibility or incur any liability for: |
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| 30 | 30 | | (A) damages arising from or related to bodily or |
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| 31 | 31 | | other personal injury to or death of any person who enters the |
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| 32 | 32 | | premises for recreation, exercise, relaxation, travel, |
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| 33 | 33 | | transportation, or pleasure or accompanies another person entering |
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| 34 | 34 | | the premises for recreation, exercise, relaxation, travel, |
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| 35 | 35 | | transportation, or pleasure; |
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| 36 | 36 | | (B) property damage sustained by any person who |
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| 37 | 37 | | enters the premises for recreation, exercise, relaxation, travel, |
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| 38 | 38 | | transportation, or pleasure or accompanies another person entering |
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| 39 | 39 | | the premises for recreation, exercise, relaxation, travel, |
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| 40 | 40 | | transportation, or pleasure; |
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| 41 | 41 | | (C) an act of a third party that occurs on the |
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| 42 | 42 | | premises, |
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| 43 | 43 | | regardless of whether the act is intentional. |
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| 44 | 44 | | (f) The limitation on liability provided by this section |
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| 45 | 45 | | applies only to a cause of action brought by a person who enters the |
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| 46 | 46 | | premises for recreation, exercise, relaxation, travel, |
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| 47 | 47 | | transportation, or pleasure or accompanies another person entering |
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| 48 | 48 | | the premises for recreation, exercise, relaxation, travel, |
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| 49 | 49 | | transportation, or pleasure. |
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| 50 | 50 | | SECTION 2. The change in law made by this Act applies only |
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| 51 | 51 | | to a cause of action that accrues on or after the effective date of |
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| 52 | 52 | | this Act. A cause of action that accrues before the effective date |
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| 53 | 53 | | of this Act is governed by the law in effect immediately before that |
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| 54 | 54 | | date, and that law is continued in effect for that purpose |
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| 55 | 55 | | SECTION 3. This Act takes effect immediately if it receives |
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| 56 | 56 | | a vote of two-thirds of all the members elected to each house, as |
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| 57 | 57 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 58 | 58 | | Act does not receive the vote necessary for immediate effect, this |
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| 59 | 59 | | Act takes effect September 1, 2021. |
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