AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Public hike and bike trails provide many benefits, including supplementing transportation infrastructure, reducing congestion, connecting communities, and encouraging a healthy lifestyle. However, acquiring real estate in an urban area that is suitable for development of hike and bike trails can be both difficult and expensive. By utilizing an electric utility's property, miles of public hike and bike trails can be constructed at virtually no cost for land.

 

The 83rd Legislature passed H.B. 200, relating to the liability of electric utilities in Harris County that allow a city to use the utility’s right-of-way for recreational purposes. Specifically, H.B. 200 established limitations on the liability of certain electric utilities that allow public use of the utility's property for recreation and certain other purposes.

 

S.B. 1444 extends the limitation of liability statewide rather than simply to those counties surrounding Harris County.  It does so by repealing the portion of the statute that limited H.B. 200 to Harris County. No other portion of the law has been amended.

 

As proposed, S.B. 1444 amends current law relating to liability of certain electric utilities that allow certain uses of land that the electric utility owns, occupies, or leases.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Repealer: Section 75.0022(b) (providing that this section applies only to an electric utility located in a county with a population of four million or more), Civil Practice and Remedies Code.

 

SECTION 2. Makes application of this Act prospective.

 

SECTION 3. Effective date: upon passage or September 1, 2015.