Bill Text: TX HB3240 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to liability of certain gas utilities providing services or materials in the inspection, construction, or repair of a gas pipeline.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-02 - Committee report sent to Calendars [HB3240 Detail]
Download: Texas-2017-HB3240-Introduced.html
| 85R13380 CAE-F | ||
| By: Springer | H.B. No. 3240 | |
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| relating to liability of certain gas utilities providing services | ||
| or materials in the inspection, construction, or repair of a gas | ||
| pipeline. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 97, Civil Practice and Remedies Code, is | ||
| amended by adding Section 97.003 to read as follows: | ||
| Sec. 97.003. LIMIT ON LIABILITY OF GAS UTILITIES PROVIDING | ||
| ASSISTANCE TO GOVERNMENTAL UNITS AND INSTITUTIONS OF HIGHER | ||
| EDUCATION. (a) In this section: | ||
| (1) "Emergency" means a situation that endangers life, | ||
| health, or property or a situation in which the public need for | ||
| uninterrupted service provided by the gas pipeline or immediate | ||
| reestablishment of service if service is interrupted compels | ||
| immediate action. | ||
| (2) "Gas utility" has the meaning assigned by Sections | ||
| 101.003 and 121.001, Utilities Code. | ||
| (3) "Governmental unit" has the meaning assigned by | ||
| Section 101.001. | ||
| (4) "Institution of higher education" has the meaning | ||
| assigned by Section 61.003, Education Code. | ||
| (b) A gas utility that inspects, constructs, or repairs a | ||
| gas pipeline owned or operated by a governmental unit or an | ||
| institution of higher education is not liable to a claimant for | ||
| personal injury, property damage, or death arising from the | ||
| performance of the inspection, construction, or repair if, at the | ||
| time of the personal injury, property damage, or death, the gas | ||
| utility was providing services or materials at the request of the | ||
| governmental unit or institution of higher education in response to | ||
| an emergency, and the personal injury, property damage, or death | ||
| was not caused by the gas utility's wilful misconduct. | ||
| SECTION 2. Section 97.003, Civil Practice and Remedies | ||
| Code, as added 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 accrued before the effective date of this Act is | ||
| governed by the law applicable to the action immediately before the | ||
| effective date of this Act, and that law is continued in effect for | ||
| that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
