Texas 2009 - 81st Regular

Texas House Bill HB1174

Filed
 
Out of House Committee
4/15/09  
Voted on by House
4/22/09  
Out of Senate Committee
5/22/09  
Voted on by Senate
5/25/09  
Governor Action
6/19/09  
Bill Becomes Law
 
Enrolled
5/31/09  

Caption

Relating to payment by a municipality or river authority for certain damages caused by the municipality's or river authority's operation of a sanitary sewer system.

Impact

The primary impact of HB 1174 will be on local governmental units, such as city administrations and river authorities, enabling them to take a more proactive stance in addressing complaints from citizens who experience damages from sewage backups. By allowing payments for these damages, the bill may encourage municipalities to maintain and upgrade their sanitary sewer systems, potentially reducing the frequency and severity of such incidents. This change may also improve public trust in local governments as residents may feel more assured of recourse in the event of infrastructure failures.

Summary

House Bill 1174 is a legislative proposal that allows municipalities and river authorities in Texas to pay damages resulting from the operation of their sanitary sewer systems, specifically in cases of sewage backup. This bill amends the Local Government Code by adding a new section that stipulates municipal responsibility for damages arising from such incidents, regardless of the existing liability limitations set by the Chapter 101 of the Civil Practice and Remedies Code. This provision aims to provide a clearer framework for municipalities when dealing with compensation related to sewage issues.

Contention

The introduction of this bill brings to light potential points of contention related to taxpayer liability and municipal budget constraints. While the bill may provide benefits in restitution for affected parties, it raises questions about the financial implications for municipalities already grappling with limited resources. Proponents of the bill argue that the social responsibility of municipalities should extend to compensating citizens for preventable sewer failures, whereas opponents might emphasize the need for stringent budget management and the dangers of open-ended liabilities for local governments.

Notable_points

Overall, HB 1174 attempts to balance the legal framework surrounding municipal liability with the practical realities of infrastructure management in Texas. The bill showcases a commitment to public service via accountability, particularly in the health and safety realm where sewage systems are concerned. Depending on the discussions and eventual votes, the law could set a precedent for how similar issues are handled in other jurisdictions across the state.

Companion Bills

No companion bills found.

Previously Filed As

TX SB1334

Relating to rates established by municipalities for water or sewer service for certain entities.

TX SB53

Relating to financial assistance by the Texas Water Development Board for backup power generators in economically distressed areas for public water supply and sanitary sewer systems.

TX HB3328

Relating to the authority of certain counties and municipalities to regulate certain subdivisions in a municipality's extraterritorial jurisdiction.

TX HB4328

Relating to rates established by municipalities for water or sewer service for certain entities.

TX HB2282

Relating to the use of hotel occupancy tax revenue by certain municipalities and counties and the authority of certain municipalities to receive certain tax revenue derived from a hotel and convention center project and to pledge certain tax revenue for the payment of obligations related to the project.

TX SB940

Relating to the use of hotel occupancy tax revenue by certain municipalities and counties and the authority of certain municipalities to receive certain tax revenue derived from a hotel and convention center project and to pledge certain tax revenue for the payment of obligations related to the project.

TX HB2281

Relating to the authority of certain municipalities to prohibit openly carrying a handgun within the municipality.

TX HB4749

Relating to the authority of economic development corporations created by certain rural municipalities to undertake infrastructure planning projects.

TX HB4564

Relating to the authority of certain municipalities to authorize and finance certain venue projects; authorizing the imposition of a tax.

TX SB2006

Relating to the authority of certain municipalities to authorize and finance certain venue projects; authorizing the imposition of a tax.

Similar Bills

No similar bills found.