83R159 AJA-F

By: Murphy H.B. No. 258

A BILL TO BE ENTITLED

AN ACT

relating to liability of certain public utilities that allow certain uses of land that the public utility owns, occupies, or leases.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 75.0021(c), Civil Practice and Remedies Code, is amended to read as follows:

(c) This section applies only to a public utility located in[:

[(1)] a county with a population of 800,000 or more and located on the international border[; or

[(2) a municipal management district located in a municipality with a population of more than 1.9 million].

SECTION 2. Chapter 75, Civil Practice and Remedies Code, is amended by adding Section 75.0022 to read as follows:

Sec. 75.0022. LIMITED LIABILITY OF CERTAIN PUBLIC UTILITIES. (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 gas utility, as defined by Section 101.003 or 121.001, Utilities Code; or

(D) a water and sewer utility, as defined by Section 13.002, Water Code.

(b) A public utility, as the owner, easement holder, occupant, or lessee of land, may enter into an easement or license or lease agreement with a political subdivision or nonprofit organization to allow access by the public to the premises of the public utility for recreation, exercise, education, relaxation, travel, or pleasure.

(c) An easement or license or lease agreement entered into under this section must require the political subdivision or nonprofit organization to carry liability insurance providing coverage for an act or omission by the political subdivision or nonprofit organization relating to the premises, with liability limits equal to or greater than:

(1) if the agreement is with a political subdivision, the amounts of the liability limits applicable to the political subdivision under Section 101.023; or

(2) if the agreement is with a nonprofit organization, the amounts of the liability limits applicable to an owner, lessee, or occupant of agricultural land under Section 75.004.

(d) The public utility does not, by entering into an easement or license or lease agreement under this section or at any time during the term of the easement or license or lease agreement:

(1) ensure that the premises are safe for recreation, exercise, education, relaxation, travel, or pleasure; or

(2) assume responsibility or incur any liability for:

(A) damages arising from or related to bodily or other personal injury to or death of any person who enters the premises for recreation, exercise, education, relaxation, travel, or pleasure or accompanies another person entering the premises for recreation, exercise, education, relaxation, travel, or pleasure;

(B) property damage sustained by any person who enters the premises for recreation, exercise, education, relaxation, travel, or pleasure or accompanies another person entering the premises for recreation, exercise, education, relaxation, travel, or pleasure; or

(C) an act of a third party that occurs on the premises, regardless of whether the act is intentional.

(e) Subsection (d) applies to any claim for damages, including a claim:

(1) alleging gross negligence;

(2) asserting the doctrine of attractive nuisance; or

(3) arising from contact of a person or property with power lines or exposure of a person or property to electric and magnetic fields.

(f) A public utility that, as the owner, easement holder, occupant, or lessee of land, enters into an easement or license or lease agreement with a political subdivision or nonprofit organization to allow the use of the premises for recreation, exercise, education, relaxation, travel, or pleasure shall post and maintain a clearly readable sign in a clearly visible location on or near the premises. The sign must contain the following warning language:

WARNING

TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE) LIMITS THE LIABILITY OF A PUBLIC UTILITY FOR DAMAGES ARISING FROM THE USE OF THIS PROPERTY FOR RECREATION, EXERCISE, EDUCATION, RELAXATION, TRAVEL, OR PLEASURE.

(g) This section applies only to a public utility located in a county with a population of four million or more.

(h) The provisions of this section apply only during the term of the easement or license or lease agreement between the public utility and the political subdivision or nonprofit organization.

SECTION 3. Section 75.003(b), Civil Practice and Remedies Code, is amended to read as follows:

(b) Except as provided by Sections 75.0022(d) and (e), this [This] chapter does not affect the doctrine of attractive nuisance, except that the doctrine may not be the basis for liability of an owner, lessee, or occupant of agricultural land for any injury to a trespasser over the age of 16 years.

SECTION 4. The change in law made by 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 5. 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, 2013.