Texas Civil Practice and Remedies Code - CIV PRAC & REM § 75.0022. Limited Liability of Certain Electric Utilities

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(a) In this section:

(1) “Electric utility” has the meaning assigned by Section 31.002, Utilities Code.

(2) “Person” includes an individual, as defined by Section 71.001.

(3) “Premises” includes the land owned, occupied, or leased by an electric utility, or covered by an easement owned by an electric utility, with respect to which public access and use is allowed in a written agreement with a political subdivision under Subsection (c).

(4) “Serious bodily injury” means an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of a body part or organ.

(b) Repealed by Acts 2017, 85th Leg., ch. 815 (H.B. 931), § 2.

(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, 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, or pleasure;

(2) owe to a person entering the premises for recreation, exercise, relaxation, travel, or pleasure, or accompanying another person entering the premises for recreation, exercise, relaxation, travel, 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, or pleasure or accompanies another person entering the premises for recreation, exercise, relaxation, travel, or pleasure;

(B) property damage sustained by any person who enters the premises for recreation, exercise, relaxation, travel, or pleasure or accompanies another person entering the premises for recreation, exercise, relaxation, travel, or pleasure;  or

(C) an act of a third party that occurs on the premises, regardless of whether the act is intentional.

(e) Subsection (d) does not limit the liability of an electric utility for serious bodily injury or death of a person proximately caused by the electric utility's wilful or wanton acts or gross negligence with respect to a dangerous condition existing on the premises.

(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, or pleasure or accompanies another person entering the premises for recreation, exercise, relaxation, travel, or pleasure.

(g) The doctrine of attractive nuisance does not apply to a claim that is subject to this section.

(h) A written agreement entered into under this section may require the political subdivision to provide or pay for insurance coverage for any defense costs or other litigation costs incurred by the electric utility for damage claims under this section.

Cite this article: FindLaw.com - Texas Civil Practice and Remedies Code - CIV PRAC & REM § 75.0022. Limited Liability of Certain Electric Utilities - last updated April 14, 2021 | https://codes.findlaw.com/tx/civil-practice-and-remedies-code/civ-prac-rem-sect-75-0022/


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