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1 | 1 | 81R10361 CAE-D | |
2 | 2 | By: Carona S.B. No. 1457 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to a waiver of sovereign or governmental immunity by | |
8 | 8 | governmental entities that fail to make a timely payment under the | |
9 | 9 | Prompt Payment Act. | |
10 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
11 | 11 | SECTION 1. Subchapter D, Chapter 2251, Government Code, is | |
12 | 12 | amended by adding Section 2251.056 to read as follows: | |
13 | 13 | Sec. 2251.056. WAIVER OF IMMUNITY. A governmental entity | |
14 | 14 | that fails to make an invoice payment to a vendor in the time | |
15 | 15 | prescribed by this chapter waives sovereign or governmental | |
16 | 16 | immunity from suit by the vendor to collect the invoice payment, | |
17 | 17 | interest and attorney's fees due under this chapter, or any other | |
18 | 18 | amount due under this chapter. | |
19 | 19 | SECTION 2. The change in law made by this Act applies only | |
20 | 20 | to a cause of action that accrues on or after the effective date of | |
21 | 21 | this Act. A cause of action that accrues before the effective date | |
22 | 22 | of this Act is governed by the law in effect immediately before that | |
23 | 23 | date, and that law is continued in effect for that purpose. | |
24 | 24 | SECTION 3. This Act takes effect September 1, 2009. |