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| 1 | 1 | By: Estes S.B. No. 2587 | |
| 2 | 2 | ||
| 3 | 3 | ||
| 4 | 4 | A BILL TO BE ENTITLED | |
| 5 | 5 | AN ACT | |
| 6 | 6 | relating to the waiver of sovereign immunity from certain suits by | |
| 7 | 7 | certain municipalities. | |
| 8 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 9 | 9 | SECTION 1. Chapter 272, Local Government Code, is amended | |
| 10 | 10 | by adding Section 272.006 to read as follows: | |
| 11 | 11 | Sec. 272.006. WAIVER OF IMMUNITY FROM CERTAIN SUITS BY | |
| 12 | 12 | CERTAIN MUNICIPALITIES. (a) This section applies only to a | |
| 13 | 13 | home-rule municipality with a population of less than 30,000 that | |
| 14 | 14 | is located in a county with a population of less than 140,000. | |
| 15 | 15 | (b) A municipality waives sovereign immunity from suit for | |
| 16 | 16 | the purpose of adjudicating a claim for breach of contract if the | |
| 17 | 17 | municipality enters into a contract with a private entity for the | |
| 18 | 18 | sale or conveyance of not less than 400 or more than 1,000 acres of | |
| 19 | 19 | land that was acquired by the municipality from an agency of the | |
| 20 | 20 | United States. | |
| 21 | 21 | (c) A plaintiff who prevails in an action brought under this | |
| 22 | 22 | section against a municipality is entitled only to specific | |
| 23 | 23 | performance of the terms of the contract, reasonable attorney's | |
| 24 | 24 | fees, and costs of court. | |
| 25 | 25 | SECTION 2. The change in law made by Section 272.006, Local | |
| 26 | 26 | Government Code, as added by this Act, applies only to a contract | |
| 27 | 27 | entered into on or after the effective date of this Act. | |
| 28 | 28 | SECTION 3. This Act takes effect September 1, 2009. |