Texas Senate Bill SB2450

Texas 2009 - 81st Regular

Caption

Relating to the sovereign immunity of certain local governmental entities regarding certain contracts.

Impact

The implications of SB2450 on state laws are significant as it modifies the scope of sovereign immunity that local governmental entities enjoy. By stipulating that contracts executed by local governments (regardless of when they were signed) are subject to a specified waiver of sovereign immunity, the bill seeks to hold local entities accountable within the contractual realm. This shift potentially exposes local governments to lawsuits regarding these agreements, thereby altering the legal landscape surrounding local governance and accountability.

Summary

SB2450 pertains to the sovereign immunity of specific local governmental entities in Texas concerning certain contracts. By amending existing law, the bill defines 'contracts subject to this subchapter' more explicitly, allowing for better clarity on the types of contracts these local entities can engage in. This includes a spectrum of agreements related to public land at ports and proprietary functions which can lead to construction and operation of various facilities. The bill aims to streamline operations of local governments when it comes to legally binding agreements and reduce potential legal confusion by clarifying sovereign immunity in relation to contracts.

Contention

Notable points of contention surrounding SB2450 may arise from differing opinions on the balance between local government powers and accountability. Advocates for the bill argue that clarifying sovereign immunity fosters transparency and ensures that local entities uphold their contractual obligations. In contrast, opponents may express concerns that this act could lead to increased legal liabilities, ultimately jeopardizing the financial sustainability of local governments, especially those in smaller jurisdictions that may already be resource-constrained.