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AN ACT
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relating to the liability of an electric utility that allows |
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recreational use of land that the 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. LIMITED 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 an electric utility as |
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defined by Section 31.002, Utilities Code. |
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(b) A public utility that, as the owner, easement holder, |
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occupant, or lessee of land, signs an agreement with a |
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municipality, county, or political subdivision to allow public |
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access to or use of the premises for recreation by allowing the |
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public access or use does not assume responsibility or incur |
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liability beyond that provided by Chapter 75 of the Civil Practice |
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and Remedies Code to a third party who enters the premises for |
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recreation to the extent the municipality, county, or political |
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subdivision purchases a general liability insurance policy in |
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amounts required by Chapter 75 of the Civil Practice and Remedies |
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Code insuring the public utility for liability arising from the |
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condition of the premises for such recreational use. |
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(c) This section applies only to a public utility located |
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in: |
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(1) a county with a population of 600,000 or more and |
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located on the international border; or |
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(2) a municipal management district located in a |
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municipality with a 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 783 was passed by the House on April |
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22, 2009, by the following vote: Yeas 148, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 783 on May 25, 2009, by the following vote: Yeas 139, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 783 was passed by the Senate, with |
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amendments, on May 22, 2009, by the following vote: Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |