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