H.B. No. 1174
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 552, Local Government
Code, is amended by adding Section 552.912 to read as follows:
Sec. 552.912. CERTAIN DAMAGES CAUSED BY SEWAGE BACKUP. (a)
A municipality or a river authority, other than a river authority
listed in Subsection (c), may pay actual property damages caused by
the backup of the municipality's or river authority's sanitary
sewer system regardless of whether the municipality or river
authority would be liable for the damages under Chapter 101, Civil
Practice and Remedies Code.
(b) This section does not waive governmental immunity from
suit or liability.
(c) This section does not apply to the Trinity River
Authority, the San Jacinto River Authority, the Sabine River
Authority, or the Lower Neches Valley River Authority.
SECTION 2. Section 552.912, Local Government Code, as added
by this Act, applies to damages caused by the backup of a sanitary
sewer system on or after March 1, 2007.
SECTION 3. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1174 was passed by the House on April
22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1174 on May 29, 2009, by the following vote: Yeas 142, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1174 was passed by the Senate, with
amendments, on May 25, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor