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A BILL TO BE ENTITLED
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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. IMMUNITY FROM LIABILITY OF AN ELECTRIC |
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UTILITY. (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) "Electric utility" means an electric utility as |
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defined by Section 31.002, Utilities Code. |
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(b) An electric 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 to a third party who enters the premises for recreation to |
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the extent the municipality, county, or political subdivision |
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agrees to indemnify the electric utility for liability arising from |
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the condition of the premises for such recreational use. |
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(c) This section applies only to a county that is within 50 |
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miles of an international border and has a population that is in |
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excess of 675,000. |
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SECTION 2. Subsection (b), Section 75.003, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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(b) This chapter does not affect the doctrine of attractive |
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nuisance, except as follows: |
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(1) [that] the doctrine may not be the basis for |
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liability of an owner, lessee, or occupant of agricultural land for |
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any injury to a trespasser over the age of 16 years; and |
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(2) the doctrine is limited to the extent provided by |
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Section 75.0021(b). |
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SECTION 3. 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 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. |