By: Miller, et al. (Senate Sponsor - Kolkhorst) H.B. No. 931

(In the Senate - Received from the House May 12, 2017; May 12, 2017, read first time and referred to Committee on Business & Commerce; May 17, 2017, reported favorably by the following vote: Yeas 8, Nays 0; May 17, 2017, sent to printer.) Click here to see the committee vote

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 Sections 75.0021 and 75.0022(b), Civil Practice and Remedies Code, are repealed.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.

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