H.B. No. 783
 
 
 
 
AN ACT
  relating to the liability of an electric utility that allows
  recreational use of land that the 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.  LIMITED LIABILITY OF CERTAIN PUBLIC
  UTILITIES. (a)  In this section:
               (1)  "Person" includes an individual as defined by
  Section 71.001.
               (2)  "Public utility" means an electric utility as
  defined by Section 31.002, Utilities Code.
         (b)  A public utility that, as the owner, easement holder,
  occupant, or lessee of land, signs an agreement with a
  municipality, county, or political subdivision to allow public
  access to or use of the premises for recreation by allowing the
  public access or use does not assume responsibility or incur
  liability beyond that provided by Chapter 75 of the Civil Practice
  and Remedies Code to a third party who enters the premises for
  recreation to the extent the municipality, county, or political
  subdivision purchases a general liability insurance policy in
  amounts required by Chapter 75 of the Civil Practice and Remedies
  Code insuring the public utility for liability arising from the
  condition of the premises for such recreational use.
         (c)  This section applies only to a public utility located
  in:
               (1)  a county with a population of 600,000 or more and
  located on the international border; or
               (2)  a municipal management district located in a
  municipality with a population of more than 1.9 million.
         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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 783 was passed by the House on April
  22, 2009, by the following vote:  Yeas 148, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 783 on May 25, 2009, by the following vote:  Yeas 139, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 783 was passed by the Senate, with
  amendments, on May 22, 2009, by the following vote:  Yeas 30, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor