| 1 | 1 | | H.B. No. 1174 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to payment by a municipality or river authority for |
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| 6 | 6 | | certain damages caused by the municipality's or river authority's |
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| 7 | 7 | | operation of a sanitary sewer system. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter Z, Chapter 552, Local Government |
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| 10 | 10 | | Code, is amended by adding Section 552.912 to read as follows: |
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| 11 | 11 | | Sec. 552.912. CERTAIN DAMAGES CAUSED BY SEWAGE BACKUP. (a) |
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| 12 | 12 | | A municipality or a river authority, other than a river authority |
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| 13 | 13 | | listed in Subsection (c), may pay actual property damages caused by |
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| 14 | 14 | | the backup of the municipality's or river authority's sanitary |
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| 15 | 15 | | sewer system regardless of whether the municipality or river |
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| 16 | 16 | | authority would be liable for the damages under Chapter 101, Civil |
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| 17 | 17 | | Practice and Remedies Code. |
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| 18 | 18 | | (b) This section does not waive governmental immunity from |
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| 19 | 19 | | suit or liability. |
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| 20 | 20 | | (c) This section does not apply to the Trinity River |
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| 21 | 21 | | Authority, the San Jacinto River Authority, the Sabine River |
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| 22 | 22 | | Authority, or the Lower Neches Valley River Authority. |
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| 23 | 23 | | SECTION 2. Section 552.912, Local Government Code, as added |
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| 24 | 24 | | by this Act, applies to damages caused by the backup of a sanitary |
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| 25 | 25 | | sewer system on or after March 1, 2007. |
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| 26 | 26 | | SECTION 3. This Act takes effect immediately if it receives |
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| 27 | 27 | | a vote of two-thirds of all the members elected to each house, as |
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| 28 | 28 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 29 | 29 | | Act does not receive the vote necessary for immediate effect, this |
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| 30 | 30 | | Act takes effect September 1, 2009. |
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| 31 | 31 | | ______________________________ ______________________________ |
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| 32 | 32 | | President of the Senate Speaker of the House |
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| 33 | 33 | | I certify that H.B. No. 1174 was passed by the House on April |
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| 34 | 34 | | 22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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| 35 | 35 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 36 | 36 | | No. 1174 on May 29, 2009, by the following vote: Yeas 142, Nays 0, |
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| 37 | 37 | | 2 present, not voting. |
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| 38 | 38 | | ______________________________ |
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| 39 | 39 | | Chief Clerk of the House |
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| 40 | 40 | | I certify that H.B. No. 1174 was passed by the Senate, with |
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| 41 | 41 | | amendments, on May 25, 2009, by the following vote: Yeas 31, Nays |
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| 42 | 42 | | 0. |
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| 43 | 43 | | ______________________________ |
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| 44 | 44 | | Secretary of the Senate |
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| 45 | 45 | | APPROVED: __________________ |
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| 46 | 46 | | Date |
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| 47 | 47 | | __________________ |
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| 48 | 48 | | Governor |
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