85R13380 CAE-F     By: Springer H.B. No. 3240       A BILL TO BE ENTITLED   AN ACT   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.