| TO: | Honorable Rene Oliveira, Chair, House Committee on Land & Resource Management |
| FROM: | John S O'Brien, Director, Legislative Budget Board |
| IN RE: | HB1943 by Murphy (Relating to liability of certain public utilities that allow certain uses of land that the public utility owns, occupies, or leases.), Committee Report 1st House, Substituted |
The bill would amend the Civil Practice and Remedies Code to add telecommunications, gas, and water and sewer providers as "public utilities" to be afforded limited liability protection under the statute. The bill would delete the statutory requirement that a public utility must enter into an agreement with a municipality, county or political subdivision to obtain the statute's limited liability and would instead provide that a public utility granting permission to a person to enter the premises for recreation does not by giving permission assure that the premises are safe for recreation. The bill would further provide that a public utility does not assume liability for damages, including claims for damages alleging gross negligence, under certain other conditions.
The bill would limit the liability of public utilities that allow certain recreational uses of the utility’s land by the public, and would require utilities to post and maintain clearly readable signs stating as much.
To the extent the bill may result in reduced claims against the entities defined as "public utilities," no significant reduction in court filings throughout the state is anticipated. The bill would take immediate effect if the bill receives two-thirds the vote of all members in both houses. Otherwise, the bill would take effect September 1, 2011.
| Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 473 Public Utility Commission of Texas
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| LBB Staff: | JOB, TB, SZ
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