| 1 | 1 | | 81R16438 NC-F |
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| 2 | 2 | | By: Phillips H.B. No. 3557 |
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| 3 | 3 | | Substitute the following for H.B. No. 3557: |
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| 4 | 4 | | By: Kent C.S.H.B. No. 3557 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the waiver of sovereign immunity from certain suits by |
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| 10 | 10 | | certain municipalities. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 272, Local Government Code, is amended |
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| 13 | 13 | | by adding Section 272.006 to read as follows: |
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| 14 | 14 | | Sec. 272.006. WAIVER OF IMMUNITY FROM CERTAIN SUITS BY |
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| 15 | 15 | | CERTAIN MUNICIPALITIES. (a) This section applies only to a |
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| 16 | 16 | | home-rule municipality with a population of less than 30,000 that |
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| 17 | 17 | | is located in a county with a population of less than 140,000. |
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| 18 | 18 | | (b) A municipality waives sovereign immunity from suit for |
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| 19 | 19 | | the purpose of adjudicating a claim for breach of contract if the |
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| 20 | 20 | | municipality enters into a contract with a private entity for the |
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| 21 | 21 | | sale or conveyance of not less than 400 or more than 1,000 acres of |
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| 22 | 22 | | land that was acquired by the municipality from an agency of the |
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| 23 | 23 | | United States. |
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| 24 | 24 | | (c) A plaintiff who prevails in an action brought under this |
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| 25 | 25 | | section against a municipality is entitled only to specific |
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| 26 | 26 | | performance of the terms of the contract, reasonable attorney's |
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| 27 | 27 | | fees, and costs of court. |
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| 28 | 28 | | SECTION 2. The change in law made by Section 272.006, Local |
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| 29 | 29 | | Government Code, as added by this Act, applies only to a contract |
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| 30 | 30 | | entered into on or after the effective date of this Act. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2009. |
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