By: Watson S.B. No. 1140
(Hartnett)
A BILL TO BE ENTITLED
AN ACT
relating to payment by a water control and improvement district for
certain damages caused by the district's operation of a sanitary
sewer system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 51, Water Code, is amended
by adding Section 51.340 to read as follows:
Sec. 51.340. CERTAIN DAMAGES CAUSED BY SEWAGE BACKUP.
(a) A district may pay actual property damages caused by the
backup of the district's sanitary sewer system regardless of
whether the district 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 51.340, Water Code, 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.