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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of certain electric utilities that allow |
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certain uses of land that the electric utility owns, occupies, or |
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leases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 75.0022(c), (d), and (f), Civil Practice |
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and Remedies Code, is amended to read as follows: |
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(c) An electric utility, as the owner, easement holder, |
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occupant, or lessee of land, may enter into a written agreement with |
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a political subdivision to allow public access to and use of the |
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premises of the electric utility for recreation, exercise, |
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relaxation, travel, transportation, or pleasure. |
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(d) The electric utility, by entering into an agreement |
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under this section or at any time during the term of the agreement, |
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does not: |
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(1) assure that the premises are safe for recreation, |
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exercise, relaxation, travel, transportation, or pleasure; |
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(2) owe to a person entering the premises for |
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recreation, exercise, relaxation, travel, transportation, or |
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pleasure, or accompanying another person entering the premises for |
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recreation, exercise, relaxation, travel, transportation, or |
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pleasure, a greater degree of care than is owed to a trespasser on |
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the premises; or |
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(3) except as provided by Subsection (e), assume |
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responsibility or incur any liability for: |
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(A) damages arising from or related to bodily or |
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other personal injury to or death of any person who enters the |
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premises for recreation, exercise, relaxation, travel, |
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transportation, or pleasure or accompanies another person entering |
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the premises for recreation, exercise, relaxation, travel, |
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transportation, or pleasure; |
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(B) property damage sustained by any person who |
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enters the premises for recreation, exercise, relaxation, travel, |
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transportation, or pleasure or accompanies another person entering |
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the premises for recreation, exercise, relaxation, travel, |
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transportation, or pleasure; |
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(C) an act of a third party that occurs on the |
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premises, |
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regardless of whether the act is intentional. |
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(f) The limitation on liability provided by this section |
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applies only to a cause of action brought by a person who enters the |
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premises for recreation, exercise, relaxation, travel, |
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transportation, or pleasure or accompanies another person entering |
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the premises for recreation, exercise, relaxation, travel, |
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transportation, or pleasure. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |