Texas House Bill HB1751

Texas 2011 - 82nd Regular

• Out of House Committee: 4/11/11
• Introduced: 2/24/11
• Refer: 3/3/11
• Report Pass: 3/31/11

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.