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A BILL TO BE ENTITLED
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AN ACT
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relating to immunity of a governmental entity for damage to certain |
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utility facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 101.055, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 101.055. CERTAIN GOVERNMENTAL FUNCTIONS. (a) This |
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chapter does not apply to a claim arising: |
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(1) in connection with the assessment or collection of |
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taxes by a governmental unit; |
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(2) from the action of an employee while responding to |
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an emergency call or reacting to an emergency situation if the |
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action is in compliance with the laws and ordinances applicable to |
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emergency action, or in the absence of such a law or ordinance, if |
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the action is not taken with conscious indifference or reckless |
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disregard for the safety of others; [or] |
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(3) from the failure to provide or the method of |
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providing police or fire protection; or |
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(4) from the action of an employee causing damage to an |
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underground facility in the course of routine maintenance on a |
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public road right-of-way. |
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(b) In this section: |
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(1) "Routine maintenance" has the meaning assigned by |
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Section 251.156, Utilities Code. |
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(2) "Underground facility" has the meaning assigned by |
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Section 251.002, Utilities Code. |
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SECTION 2. The change in law made by this Act applies only |
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to a claim arising on or after the effective date of this Act. A |
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claim that arises before the effective date of this Act is governed |
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by the law applicable to the claim immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |