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A BILL TO BE ENTITLED
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AN ACT
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relating to liability for property damage arising in connection |
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with the use of certain easements; providing a waiver of sovereign |
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immunity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 100A to read as follows: |
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CHAPTER 100A. PROPERTY DAMAGE ARISING OUT OF USE OF CERTAIN |
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EASEMENTS |
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Sec. 100A.001. EASEMENT USED FOR PUBLIC PURPOSE. (a) For |
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purposes of this section, an easement is used for a public purpose |
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if it is used for a purpose for which the easement holder has the |
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authority to condemn an easement, regardless of whether the |
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easement holder acquired the easement by condemnation. |
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(b) A governmental unit, as defined by Section 101.001, that |
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holds an easement on private property, or a private entity that |
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holds an easement on private property that is used by the easement |
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holder for a public purpose, is liable to the property owner for any |
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damage to the owner's property outside the area covered by the |
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easement that arises out of the easement holder's use of the |
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easement or ingress or egress on the property to access the |
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easement, regardless of whether the easement holder commits a |
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negligent or intentional act. |
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(c) This section does not affect any liability of an |
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easement holder for damage to property within the area covered by |
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the easement. |
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SECTION 2. Section 101.021, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 101.021. GOVERNMENTAL LIABILITY. A governmental unit |
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in the state is liable for: |
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(1) property damage, personal injury, and death |
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proximately caused by the wrongful act or omission or the |
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negligence of an employee acting within the employee's [his] scope |
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of employment if: |
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(A) the property damage, personal injury, or |
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death arises from the operation or use of a motor-driven vehicle or |
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motor-driven equipment; and |
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(B) the employee would be personally liable to |
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the claimant according to Texas law; [and] |
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(2) personal injury and death so caused by a condition |
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or use of tangible personal or real property if the governmental |
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unit would, were it a private person, be liable to the claimant |
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according to Texas law; and |
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(3) as provided by Chapter 100A, property damage |
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arising out of the governmental unit's use of or access to an |
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easement. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 4. 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. |