81R3308 AJA-D
By: Hartnett H.B. No. 1174
A BILL TO BE ENTITLED
AN ACT
relating to payment by a municipality for certain damages arising
from the municipality's operation of its sanitary sewer system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 402, Local Government
Code, is amended by adding Section 402.912 to read as follows:
Sec. 402.912. DAMAGES ARISING FROM SEWAGE BACKUP. A
municipality may pay damages arising from the backup of the
municipality's sanitary sewer system regardless of whether the
municipality would be liable for the damages under Chapter 101,
Civil Practice and Remedies Code.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.