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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of certain public utilities that allow |
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certain uses of land that the public 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. Section 75.0021, Civil Practice and Remedies |
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Code, is amended 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: |
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(A) an electric utility as defined by Section |
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31.002, Utilities Code; |
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(B) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; |
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(C) a gas utility as defined by Section 101.003 |
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or 121.001, Utilities Code; or |
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(D) a water and sewer utility as defined by |
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Section 13.002, Water Code. |
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(b) A public utility [that], as the owner, easement holder, |
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occupant, or lessee of land, may enter into an easement or license |
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or lease agreement with a municipal management district to allow |
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access by the public to [signs an agreement with a municipality,
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county, or political subdivision to allow public access to or use
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of] the premises of the public utility for recreation, exercise, |
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education, relaxation, travel, or pleasure. An easement or license |
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or lease agreement entered into under this subsection must require |
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the municipal management district to provide insurance coverage. |
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The public utility [by allowing the public access or use] does not, |
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by entering into the easement or license or lease agreement or at |
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any time during the term of the easement or license or lease |
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agreement: |
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(1) ensure that the premises are safe for recreation, |
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exercise, education, relaxation, travel, or pleasure; or |
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(2) assume responsibility or incur any liability for: |
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(A) damages arising from or related to bodily or |
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other personal injury to or death of any person [beyond that
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provided by Chapter 75 of the Civil Practice and Remedies Code to a
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third party] who enters the premises for recreation, exercise, |
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education, relaxation, travel, or pleasure or accompanies another |
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person entering the premises for recreation, exercise, education, |
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relaxation, travel, or pleasure; |
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(B) property damage sustained by any person who |
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enters the premises for recreation, exercise, education, |
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relaxation, travel, or pleasure or accompanies another person |
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entering the premises for recreation, exercise, education, |
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relaxation, travel, or pleasure; or |
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(C) an act of a third party that occurs on the |
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premises, regardless of whether the act is intentional. |
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(c) Subsection (b) applies to any claim for damages, |
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including a claim: |
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(1) alleging gross negligence; |
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(2) asserting the doctrine of attractive nuisance; or |
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(3) arising from contact of a person or property with |
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power lines or exposure of a person or property to electric and |
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magnetic fields [to the extent the municipality, county, or
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political subdivision purchases a general liability insurance
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policy in amounts required by Chapter 75 of the Civil Practice and
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Remedies Code insuring the public utility for liability arising
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from the condition of the premises for such recreational use]. |
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(d) A public utility that, as the owner, easement holder, |
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occupant, or lessee of land, enters into an easement or license or |
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lease agreement with a municipal management district to allow the |
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use of the premises for recreation, exercise, education, |
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relaxation, travel, or pleasure shall post and maintain a clearly |
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readable sign in a clearly visible location on or near the premises. |
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The sign must contain the following warning language: |
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WARNING |
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TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE) |
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LIMITS THE LIABILITY OF A PUBLIC UTILITY FOR DAMAGES ARISING FROM |
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THE USE OF THIS PROPERTY FOR RECREATION, EXERCISE, EDUCATION, |
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RELAXATION, TRAVEL, OR PLEASURE. |
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(e) [(c)] This section applies only with respect to land [a
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public utility] located 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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(f) The provisions of this section apply only during the |
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term of the easement or license or lease agreement between the |
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public utility and the municipal management district. |
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SECTION 2. Section 75.003(b), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(b) Except as provided by Sections 75.0021(b) and (c), this |
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[This] chapter does not affect the doctrine of attractive nuisance, |
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except that the doctrine may not be the basis for liability of an |
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owner, lessee, or occupant of agricultural land for any injury to a |
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trespasser over the age of 16 years. |
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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, 2011. |