Bill Text: TX HB931 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to liability of certain electric utilities that contract with political subdivisions for certain uses of land that the electric utility owns, occupies, or leases.
Spectrum: Strong Partisan Bill (Republican 18-1)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB931 Detail]
Download: Texas-2017-HB931-Comm_Sub.html
Bill Title: Relating to liability of certain electric utilities that contract with political subdivisions for certain uses of land that the electric utility owns, occupies, or leases.
Spectrum: Strong Partisan Bill (Republican 18-1)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB931 Detail]
Download: Texas-2017-HB931-Comm_Sub.html
85R23659 CAE-D | |||
By: Miller, Bonnen of Galveston, Zerwas, | H.B. No. 931 | ||
Thompson of Harris, et al. | |||
Substitute the following for H.B. No. 931: | |||
By: Cook | C.S.H.B. No. 931 |
|
||
|
||
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, | ||
[ |
||
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. |