| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the liability of a public utility that allows |
|
|
recreational use of land that the public utility owns, occupies, or |
|
|
leases. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 75, Civil Practice and Remedies Code, is |
|
|
amended by adding Section 75.0021 to read as follows: |
|
|
Sec. 75.0021. IMMUNITY FROM LIABILITY OF A PUBLIC UTILITY. |
|
|
(a) In this section: |
|
|
(1) "Person" includes an individual as defined by |
|
|
Section 71.001. |
|
|
(2) "Public utility" means: |
|
|
(A) an electric utility as defined by Section |
|
|
31.002, Utilities Code; |
|
|
(B) a telecommunications provider as defined by |
|
|
Section 51.002, Utilities Code; |
|
|
(C) a cable service provider or video service |
|
|
provider as defined by Section 66.002, Utilities Code; |
|
|
(D) a gas utility as defined by Section 101.003 |
|
|
or 121.001, Utilities Code; or |
|
|
(E) a water and sewer utility as defined by |
|
|
Section 13.002, Water Code. |
|
|
(b) A public utility that, as the owner, occupant, or lessee |
|
|
of land, gives permission to a person to enter the premises for |
|
|
recreation does not, by giving that permission: |
|
|
(1) ensure that the premises are safe for recreation; |
|
|
or |
|
|
(2) assume responsibility or incur liability for any |
|
|
bodily or other personal injury to, death of, or damage to the |
|
|
property of, a person who enters the premises for recreation or |
|
|
accompanies another person entering the premises for recreation, |
|
|
including injury, death, or other damage arising from: |
|
|
(A) an act of a third party that occurs on the |
|
|
premises, regardless of whether the act is intentional; or |
|
|
(B) contact of a person or property with power |
|
|
lines or exposure of a person or property to electromagnetic |
|
|
fields. |
|
|
(c) A public utility that, as the owner, occupant, or |
|
|
lessee of land, allows the use of the premises for recreation shall |
|
|
post and maintain a clearly readable sign in a clearly visible |
|
|
location on or near the premises. The sign must contain the |
|
|
following warning language: |
|
|
UNDER TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES |
|
|
CODE) A PUBLIC UTILITY IS IMMUNE FROM LIABILITY FOR DAMAGES ARISING |
|
|
FROM THE USE OF THIS PROPERTY FOR RECREATIONAL PURPOSES. |
|
|
SECTION 2. 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 in effect immediately before that date, and that |
|
|
law is continued in effect for that purpose. |
|
|
SECTION 3. 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, 2009. |