Bill Text: TX SB1988 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to liability of certain electric utilities that allow certain uses of land that the electric utility owns, occupies, or leases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-13 - Left pending in committee [SB1988 Detail]
Download: Texas-2021-SB1988-Introduced.html
| By: Miles | S.B. No. 1988 | |
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| 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(c), (d), and (f), Civil Practice | ||
| and Remedies Code, is amended to read as follows: | ||
| (c) An electric utility, as the owner, easement holder, | ||
| occupant, or lessee of land, may enter into a written agreement with | ||
| a political subdivision to allow public access to and use of the | ||
| premises of the electric utility for recreation, exercise, | ||
| relaxation, travel, transportation, or pleasure. | ||
| (d) The electric utility, by entering into an agreement | ||
| under this section or at any time during the term of the agreement, | ||
| does not: | ||
| (1) assure that the premises are safe for recreation, | ||
| exercise, relaxation, travel, transportation, or pleasure; | ||
| (2) owe to a person entering the premises for | ||
| recreation, exercise, relaxation, travel, transportation, or | ||
| pleasure, or accompanying another person entering the premises for | ||
| recreation, exercise, relaxation, travel, transportation, or | ||
| pleasure, a greater degree of care than is owed to a trespasser on | ||
| the premises; or | ||
| (3) except as provided by Subsection (e), assume | ||
| responsibility or incur any liability for: | ||
| (A) damages arising from or related to bodily or | ||
| other personal injury to or death of any person who enters the | ||
| premises for recreation, exercise, relaxation, travel, | ||
| transportation, or pleasure or accompanies another person entering | ||
| the premises for recreation, exercise, relaxation, travel, | ||
| transportation, or pleasure; | ||
| (B) property damage sustained by any person who | ||
| enters the premises for recreation, exercise, relaxation, travel, | ||
| transportation, or pleasure or accompanies another person entering | ||
| the premises for recreation, exercise, relaxation, travel, | ||
| transportation, or pleasure; | ||
| (C) an act of a third party that occurs on the | ||
| premises, | ||
| regardless of whether the act is intentional. | ||
| (f) The limitation on liability provided by this section | ||
| applies only to a cause of action brought by a person who enters the | ||
| premises for recreation, exercise, relaxation, travel, | ||
| transportation, or pleasure or accompanies another person entering | ||
| the premises for recreation, exercise, relaxation, travel, | ||
| transportation, or pleasure. | ||
| SECTION 2. 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 3. 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, 2021. | ||
