83R8925 CAE-F
By: Keffer H.B. No. 2592
A BILL TO BE ENTITLED
AN ACT
relating to the liability of certain special-purpose districts or
authorities providing water to a purchaser for the generation of
electricity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 5, Civil Practice and Remedies Code, is
amended by adding Chapter 113 to read as follows:
CHAPTER 113. WATER SUPPLY CONTRACT CLAIM AGAINST LOCAL DISTRICT OR
AUTHORITY
Sec. 113.001. DEFINITIONS. In this chapter:
(1) "Adjudicating a claim" means the bringing of a
civil suit and prosecution to final judgment in court and includes
the bringing of an authorized arbitration proceeding and
prosecution to final resolution in accordance with any mandatory
procedures established in the contract that is the subject of the
dispute under Section 113.002.
(2) "Local district or authority" means a
special-purpose district or authority, including a levee
improvement district, drainage district, irrigation district,
water improvement district, water control and improvement
district, water control and preservation district, fresh water
supply district, navigation district, special utility district,
and river authority, and any conservation and reclamation district.
Sec. 113.002. WAIVER OF IMMUNITY TO SUIT FOR CLAIM
REGARDING WATER SUPPLY CONTRACT. A local district or authority
that enters into a written contract stating the essential terms
under which the local district or authority is to provide water to a
purchaser for use in connection with the generation of electricity
waives sovereign immunity to suit for the purpose of adjudicating a
claim that the local district or authority breached the contract by
not providing water, or access to water, according to the
contract's terms.
Sec. 113.003. REMEDIES. Notwithstanding any limitation
established under any other provision of law, remedies awarded in a
proceeding adjudicating a claim under this chapter may include any
remedy available at law or in equity for breach of contract.
Sec. 113.004. NO NEW OR ADDITIONAL WATER RIGHTS. This
chapter does not grant any user of water any new or additional
rights to water or any new or additional priority to water rights.
This chapter provides only a means to enforce rights conferred by
the terms of the contract that is the subject of a dispute under
Section 113.002.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law in effect immediately before that
date, and that law is continued in effect for that purpose.
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, 2013.