| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to liability of certain electric utilities and political |
|
|
subdivisions that contract for certain uses of land that the |
|
|
electric utility owns, occupies, or leases. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 75.0022(h), Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
(h) A written agreement entered into under this section may |
|
|
require the political subdivision to provide or pay for: |
|
|
(1) insurance coverage for any defense costs or other |
|
|
litigation costs incurred by the electric utility for damage claims |
|
|
under this section; and |
|
|
(2) costs incurred by the electric utility in entering |
|
|
the agreement under this section, including reimbursement for |
|
|
maintenance or removal of facilities and additional taxes, fees, |
|
|
and other costs incurred by the electric utility. |
|
|
SECTION 2. Section 75.007(e), Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
(e) This section does not affect Section 75.001, 75.002, |
|
|
[75.0021,] 75.003, or 75.004 or create or increase the liability of |
|
|
any person. |
|
|
SECTION 3. Subchapter B, Chapter 101, Civil Practice and |
|
|
Remedies Code, is amended by adding Section 101.030 to read as |
|
|
follows: |
|
|
Sec. 101.030. LIABILITY OF POLITICAL SUBDIVISION IN |
|
|
AGREEMENT WITH ELECTRIC UTILITY. (a) This chapter applies to a |
|
|
political subdivision that enters into a written agreement with an |
|
|
electric utility for public access to and use of the premises of the |
|
|
electric utility as provided by Section 75.0022. |
|
|
(b) Liability of a political subdivision that arises from |
|
|
the use of property that is subject to an agreement under Section |
|
|
75.0022 is limited, as justice and equity may require, to an amount |
|
|
not to exceed: |
|
|
(1) $350,000 for each person; |
|
|
(2) $700,000 for each single occurrence for bodily |
|
|
injury or death; |
|
|
(3) $100,000 for each single occurrence for injury to |
|
|
or destruction of property; |
|
|
(4) court costs; |
|
|
(5) reasonable attorney's fees; and |
|
|
(6) any other expense incurred in filing a cause of |
|
|
action against a political subdivision under this section. |
|
|
SECTION 4. Sections 75.0021 and 75.0022(b), Civil Practice |
|
|
and Remedies Code, are repealed. |
|
|
SECTION 5. (a) 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 applicable to the |
|
|
cause of action immediately before that date, and that law is |
|
|
continued in effect for that purpose. |
|
|
(b) The change in law made by this Act to Section |
|
|
75.0022(h), Civil Practice and Remedies Code, does not apply to an |
|
|
agreement entered into between an electric utility and a political |
|
|
subdivision before the effective date of this Act. |
|
|
SECTION 6. 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, 2017. |