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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of certain gas utilities providing services |
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or materials in the inspection, construction, or repair of a gas |
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pipeline. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 97, Civil Practice and Remedies Code, is |
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amended by adding Section 97.003 to read as follows: |
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Sec. 97.003. LIMIT ON LIABILITY OF GAS UTILITIES PROVIDING |
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ASSISTANCE TO GOVERNMENTAL UNITS AND INSTITUTIONS OF HIGHER |
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EDUCATION. (a) In this section: |
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(1) "Emergency" means a situation that endangers life, |
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health, or property or a situation in which the public need for |
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uninterrupted service provided by the gas pipeline or immediate |
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reestablishment of service if service is interrupted compels |
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immediate action. |
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(2) "Gas utility" has the meaning assigned by Sections |
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101.003 and 121.001, Utilities Code. |
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(3) "Governmental unit" has the meaning assigned by |
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Section 101.001. |
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(4) "Institution of higher education" has the meaning |
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assigned by Section 61.003, Education Code. |
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(b) A gas utility that inspects, constructs, or repairs a |
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gas pipeline owned or operated by a governmental unit or an |
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institution of higher education is not liable to a claimant for |
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personal injury, property damage, or death arising from the |
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performance of the inspection, construction, or repair if, at the |
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time of the personal injury, property damage, or death, the gas |
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utility was providing services or materials at the request of the |
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governmental unit or institution of higher education in response to |
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an emergency, and the personal injury, property damage, or death |
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was not caused by the gas utility's wilful misconduct. |
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SECTION 2. Section 97.003, Civil Practice and Remedies |
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Code, as added by this Act, applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrued before the effective date of this Act is |
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governed by the law applicable to the action immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |