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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of certain public utilities that allow |
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recreational use of land that the public utility owns, occupies, or |
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leases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 75, Civil Practice and Remedies Code, is |
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amended by adding Section 75.0021 to read as follows: |
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Sec. 75.0021. IMMUNITY FROM LIABILITY OF CERTAIN PUBLIC |
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UTILITIES. (a) In this section: |
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(1) "Person" includes an individual as defined by |
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Section 71.001. |
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(2) "Public utility" means: |
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(A) an electric utility as defined by Section |
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31.002, Utilities Code; |
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(B) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; |
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(C) a cable service provider or video service |
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provider as defined by Section 66.002, Utilities Code; |
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(D) a gas utility as defined by Section 101.003 |
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or 121.001, Utilities Code; or |
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(E) a water and sewer utility as defined by |
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Section 13.002, Water Code. |
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(b) A public utility that, as the owner, occupant, or lessee |
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of land, gives permission to a person to enter the premises for |
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recreation does not, by giving that permission: |
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(1) ensure that the premises are safe for recreation; |
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or |
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(2) assume responsibility or incur liability for any |
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bodily or other personal injury to, death of, or damage to the |
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property of, a person who enters the premises for recreation or |
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accompanies another person entering the premises for recreation, |
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including injury, death, or other damage arising from: |
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(A) an act of a third party that occurs on the |
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premises, regardless of whether the act is intentional; or |
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(B) contact of a person or property with power |
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lines or exposure of a person or property to electromagnetic |
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fields. |
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(c) A public utility that, as the owner, occupant, or |
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lessee of land, allows the use of the premises for recreation shall |
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post and maintain a clearly readable sign in a clearly visible |
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location on or near the premises. The sign must contain the |
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following warning language: |
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UNDER TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES |
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CODE) A PUBLIC UTILITY IS IMMUNE FROM LIABILITY FOR DAMAGES ARISING |
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FROM THE USE OF THIS PROPERTY FOR RECREATIONAL PURPOSES. |
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(d) This section applies only to a public utility located in |
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a municipal management district located in a municipality with a |
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population of more than 1.9 million. |
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SECTION 2. This Act applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrues before the effective date of this Act is |
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governed by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |