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House Bill 200 |
House Author: Murphy et al. |
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Effective: 5-16-13 |
Senate Sponsor: Ellis |
House Bill 200 adds a provision to the Civil Practice and Remedies Code authorizing an electric utility in a county with a population of four million or more, as the owner, easement holder, occupant, or lessee of land, to enter into a written agreement with a political subdivision to allow public access to and use of the utility's premises for recreation, exercise, relaxation, travel, or pleasure. The bill specifies the duties owed under such an agreement and establishes certain limitations on the utility's liability in a cause of action resulting from such access or use. The bill provides that the doctrine of attractive nuisance does not apply to a suit under this provision and that the utility is liable for certain damages caused by the utility's wilful or wanton acts or gross negligence with respect to a dangerous condition existing on the premises. The bill also authorizes an appeal of an interlocutory order denying a utility's summary judgment motion in such a suit and makes statutory provisions relating to the limited liability of certain electric utilities, as defined by the Public Utility Regulatory Act, inapplicable to such an electric utility located in a municipal management district in a municipality of more than 1.9 million.