| 1 | 1 | | By: Shelton (Senate Sponsor - Davis) H.B. No. 2007 |
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| 2 | 2 | | (In the Senate - Received from the House April 11, 2011; |
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| 3 | 3 | | April 20, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Intergovernmental Relations; May 13, 2011, reported favorably by |
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| 5 | 5 | | the following vote: Yeas 5, Nays 0; May 13, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to payment by the Benbrook Water Authority for certain |
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| 11 | 11 | | damages caused by the authority's operation of a sanitary sewer |
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| 12 | 12 | | system. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Chapter 123, Acts of the 54th Legislature, |
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| 15 | 15 | | Regular Session, 1955, is amended by adding Section 5A to read as |
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| 16 | 16 | | follows: |
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| 17 | 17 | | Sec. 5A. CERTAIN DAMAGES CAUSED BY SEWAGE BACKUP. (a) The |
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| 18 | 18 | | Authority may pay actual property damages caused by the backup of |
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| 19 | 19 | | the Authority's sanitary sewer system regardless of whether the |
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| 20 | 20 | | Authority would be liable for the damages under Chapter 101, Civil |
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| 21 | 21 | | Practice and Remedies Code. |
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| 22 | 22 | | (b) This section does not waive governmental immunity from |
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| 23 | 23 | | suit or liability. |
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| 24 | 24 | | SECTION 2. Section 5A, Chapter 123, Acts of the 54th |
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| 25 | 25 | | Legislature, Regular Session, 1955, as added by this Act, applies |
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| 26 | 26 | | only to damages caused by the backup of a sanitary sewer system on |
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| 27 | 27 | | or after September 1, 2011. |
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| 28 | 28 | | SECTION 3. This Act takes effect immediately if it receives |
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| 29 | 29 | | a vote of two-thirds of all the members elected to each house, as |
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| 30 | 30 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 31 | 31 | | Act does not receive the vote necessary for immediate effect, this |
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| 32 | 32 | | Act takes effect September 1, 2011. |
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| 33 | 33 | | * * * * * |
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