Texas 2011 - 82nd Regular

Texas House Bill HB1751

Filed
 
Out of House Committee
4/11/11  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to payment by a water control and improvement district for certain damages caused by the district's operation of a sanitary sewer system.

Impact

By amending the Water Code to introduce Section 51.340, HB1751 establishes a clear precedent for water control districts regarding damages from sanitary sewer backups. While it allows districts to pay for such damages, it specifically states that governmental immunity from suit or liability remains intact. This means that while districts can voluntarily compensate for damages, plaintiffs may still face legal hurdles when seeking redress, as governmental immunity could limit their ability to file lawsuits against these entities.

Summary

House Bill 1751 addresses liability issues related to damages caused by the operation of sanitary sewer systems managed by water control and improvement districts. The bill allows these districts to compensate property owners for actual damages resulting from sewage backups. This provision provides a means for residents affected by sewer system failures to recover some financial losses that could otherwise lead to significant hardship. The bill aims to clarify the financial responsibilities of these districts in order to enhance accountability and responsiveness to constituents.

Contention

Debate around HB1751 could arise over the implications of exempting these water control districts from full liability. Supporters of the bill may argue that it encourages responsible management and operation of sanitary sewer systems while providing relief to affected residents. On the other hand, critics may contend that the language reinforcing governmental immunity can deter true accountability, leaving residents in vulnerable positions should significant damages occur due to negligence or operational failures of the sewer systems.

Companion Bills

TX SB1140

Identical Relating to payment by a water control and improvement district for certain damages caused by the district's operation of a sanitary sewer system.

Previously Filed As

TX SB1829

Relating to the dissolution of certain water control and improvement districts by a commissioners court.

TX SB1848

Relating to the dissolution by election of certain urban area water control and improvement districts.

TX SB53

Relating to financial assistance by the Texas Water Development Board for backup power generators in economically distressed areas for public water supply and sanitary sewer systems.

TX SB2522

Relating to the notice given to purchasers of property within certain water districts.

TX HB4002

Relating to water control and improvement district customers of certain electric cooperatives.

TX HB4276

Relating to the amendment of a certificate of convenience and necessity to provide electricity service to certain water control and improvement districts.

TX SB1655

Relating to the amendment of a certificate of convenience and necessity to provide electricity service to certain water control and improvement districts.

TX SB1056

Relating to the directors and administration of the Hidalgo County Water Improvement District No. 3.

TX HB2816

Relating to notice provided to purchasers of property and information filed with the county clerk by certain special districts.

TX SB1965

Relating to requirements for the purchase or acquisition of certain water and sewer systems.

Similar Bills

No similar bills found.