| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | By: Watson S.B. No. 1140 | |
| 2 | 2 | (Hartnett) | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to payment by a water control and improvement district for | |
| 8 | 8 | certain damages caused by the district's operation of a sanitary | |
| 9 | 9 | sewer system. | |
| 10 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 11 | 11 | SECTION 1. Subchapter H, Chapter 51, Water Code, is amended | |
| 12 | 12 | by adding Section 51.340 to read as follows: | |
| 13 | 13 | Sec. 51.340. CERTAIN DAMAGES CAUSED BY SEWAGE BACKUP. | |
| 14 | 14 | (a) A district may pay actual property damages caused by the | |
| 15 | 15 | backup of the district's sanitary sewer system regardless of | |
| 16 | 16 | whether the district would be liable for the damages under Chapter | |
| 17 | 17 | 101, Civil Practice and Remedies Code. | |
| 18 | 18 | (b) This section does not waive governmental immunity from | |
| 19 | 19 | suit or liability. | |
| 20 | 20 | SECTION 2. Section 51.340, Water Code, as added by this Act, | |
| 21 | 21 | applies only to damages caused by the backup of a sanitary sewer | |
| 22 | 22 | system on or after September 1, 2011. | |
| 23 | 23 | SECTION 3. This Act takes effect immediately if it receives | |
| 24 | 24 | a vote of two-thirds of all the members elected to each house, as | |
| 25 | 25 | provided by Section 39, Article III, Texas Constitution. If this | |
| 26 | 26 | Act does not receive the vote necessary for immediate effect, this | |
| 27 | 27 | Act takes effect September 1, 2011. |