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