85R1884 CAE-D

By: Miller H.B. No. 931

A BILL TO BE ENTITLED

AN ACT

relating to liability of certain electric utilities that allow 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(a)(3), Civil Practice and Remedies Code, is amended to read as follows:

(3) "Premises" includes the land owned, occupied, or leased by an electric utility, or covered by an easement owned by an electric utility, with respect to which public access and use is allowed in a written agreement with a person [political subdivision] under Subsection (c).

SECTION 2. Sections 75.0022(b), (c), and (h), Civil Practice and Remedies Code, are amended to read as follows:

(b) This section applies only to an electric utility located in:

(1) a county with a population of four million or more;

(2) a county adjacent to a county with a population of four million or more;

(3) a county adjacent to a county described by Subdivision (2) with a population of:

(A) more than 41,200 but less than 41,900;

(B) more than 36,500 but less than 36,800; or

(C) more than 28,300 but less than 30,000; or

(4) a county adjacent to a county described by Subdivision (3) with a population of more than 20,700 but less than 21,100.

(c) An electric utility, as the owner, easement holder, occupant, or lessee of land, may enter into a written agreement with a person [political subdivision] to allow public access to and use of the premises of the electric utility for recreation, exercise, relaxation, travel, or pleasure.

(h) A written agreement entered into under this section may require the person with whom the electric utility has made the agreement [political subdivision] to provide or pay for insurance coverage for any defense costs or other litigation costs incurred by the electric utility for damage claims under this section.

SECTION 3. 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 4. 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.