Texas 2011 - 82nd Regular

Texas House Bill HB1751 Compare Versions

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11 82R7507 KYF-F
22 By: Hartnett H.B. No. 1751
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to payment by a water control and improvement district for
88 certain damages caused by the district's operation of a sanitary
99 sewer system.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subchapter H, Chapter 51, Water Code, is amended
1212 by adding Section 51.340 to read as follows:
1313 Sec. 51.340. CERTAIN DAMAGES CAUSED BY SEWAGE BACKUP. (a)
1414 A district may pay actual property damages caused by the backup of
1515 the district's sanitary sewer system regardless of whether the
1616 district would be liable for the damages under Chapter 101, Civil
1717 Practice and Remedies Code.
1818 (b) This section does not waive governmental immunity from
1919 suit or liability.
2020 SECTION 2. Section 51.340, Water Code, as added by this Act,
2121 applies only to damages caused by the backup of a sanitary sewer
2222 system on or after September 1, 2011.
2323 SECTION 3. This Act takes effect immediately if it receives
2424 a vote of two-thirds of all the members elected to each house, as
2525 provided by Section 39, Article III, Texas Constitution. If this
2626 Act does not receive the vote necessary for immediate effect, this
2727 Act takes effect September 1, 2011.