81R4030 CAE-D
 
  By: Pickett H.B. No. 783
 
 
 
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, easement 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 an act of a
  third party that occurs on the premises, regardless of whether the
  act is intentional.
         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.