| 1 | 1 | | By: Craddick, J. Davis of Harris H.B. No. 278 |
|---|
| 2 | 2 | | (Senate Sponsor - Seliger) |
|---|
| 3 | 3 | | (In the Senate - Received from the House April 22, 2013; |
|---|
| 4 | 4 | | April 22, 2013, read first time and referred to Committee on State |
|---|
| 5 | 5 | | Affairs; April 29, 2013, reported favorably by the following vote: |
|---|
| 6 | 6 | | Yeas 8, Nays 0; April 29, 2013, sent to printer.) |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | A BILL TO BE ENTITLED |
|---|
| 10 | 10 | | AN ACT |
|---|
| 11 | 11 | | relating to the liability of a municipality for certain space |
|---|
| 12 | 12 | | flight activities. |
|---|
| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 14 | 14 | | SECTION 1. Section 101.0215(a), Civil Practice and Remedies |
|---|
| 15 | 15 | | Code, is amended to read as follows: |
|---|
| 16 | 16 | | (a) A municipality is liable under this chapter for damages |
|---|
| 17 | 17 | | arising from its governmental functions, which are those functions |
|---|
| 18 | 18 | | that are enjoined on a municipality by law and are given it by the |
|---|
| 19 | 19 | | state as part of the state's sovereignty, to be exercised by the |
|---|
| 20 | 20 | | municipality in the interest of the general public, including but |
|---|
| 21 | 21 | | not limited to: |
|---|
| 22 | 22 | | (1) police and fire protection and control; |
|---|
| 23 | 23 | | (2) health and sanitation services; |
|---|
| 24 | 24 | | (3) street construction and design; |
|---|
| 25 | 25 | | (4) bridge construction and maintenance and street |
|---|
| 26 | 26 | | maintenance; |
|---|
| 27 | 27 | | (5) cemeteries and cemetery care; |
|---|
| 28 | 28 | | (6) garbage and solid waste removal, collection, and |
|---|
| 29 | 29 | | disposal; |
|---|
| 30 | 30 | | (7) establishment and maintenance of jails; |
|---|
| 31 | 31 | | (8) hospitals; |
|---|
| 32 | 32 | | (9) sanitary and storm sewers; |
|---|
| 33 | 33 | | (10) airports, including when used for space flight |
|---|
| 34 | 34 | | activities as defined by Section 100A.001; |
|---|
| 35 | 35 | | (11) waterworks; |
|---|
| 36 | 36 | | (12) repair garages; |
|---|
| 37 | 37 | | (13) parks and zoos; |
|---|
| 38 | 38 | | (14) museums; |
|---|
| 39 | 39 | | (15) libraries and library maintenance; |
|---|
| 40 | 40 | | (16) civic, convention centers, or coliseums; |
|---|
| 41 | 41 | | (17) community, neighborhood, or senior citizen |
|---|
| 42 | 42 | | centers; |
|---|
| 43 | 43 | | (18) operation of emergency ambulance service; |
|---|
| 44 | 44 | | (19) dams and reservoirs; |
|---|
| 45 | 45 | | (20) warning signals; |
|---|
| 46 | 46 | | (21) regulation of traffic; |
|---|
| 47 | 47 | | (22) transportation systems; |
|---|
| 48 | 48 | | (23) recreational facilities, including but not |
|---|
| 49 | 49 | | limited to swimming pools, beaches, and marinas; |
|---|
| 50 | 50 | | (24) vehicle and motor driven equipment maintenance; |
|---|
| 51 | 51 | | (25) parking facilities; |
|---|
| 52 | 52 | | (26) tax collection; |
|---|
| 53 | 53 | | (27) firework displays; |
|---|
| 54 | 54 | | (28) building codes and inspection; |
|---|
| 55 | 55 | | (29) zoning, planning, and plat approval; |
|---|
| 56 | 56 | | (30) engineering functions; |
|---|
| 57 | 57 | | (31) maintenance of traffic signals, signs, and |
|---|
| 58 | 58 | | hazards; |
|---|
| 59 | 59 | | (32) water and sewer service; |
|---|
| 60 | 60 | | (33) animal control; |
|---|
| 61 | 61 | | (34) community development or urban renewal |
|---|
| 62 | 62 | | activities undertaken by municipalities and authorized under |
|---|
| 63 | 63 | | Chapters 373 and 374, Local Government Code; |
|---|
| 64 | 64 | | (35) latchkey programs conducted exclusively on a |
|---|
| 65 | 65 | | school campus under an interlocal agreement with the school |
|---|
| 66 | 66 | | district in which the school campus is located; and |
|---|
| 67 | 67 | | (36) enforcement of land use restrictions under |
|---|
| 68 | 68 | | Subchapter E [A], Chapter 212 [230], Local Government Code. |
|---|
| 69 | 69 | | SECTION 2. Section 101.0211, Civil Practice and Remedies |
|---|
| 70 | 70 | | Code, is amended to read as follows: |
|---|
| 71 | 71 | | Sec. 101.0211. NO LIABILITY FOR JOINT ENTERPRISE. (a) The |
|---|
| 72 | 72 | | common law doctrine of vicarious liability because of participation |
|---|
| 73 | 73 | | in a joint enterprise does not impose liability for a claim brought |
|---|
| 74 | 74 | | under this chapter on: |
|---|
| 75 | 75 | | (1) a water district created pursuant to either |
|---|
| 76 | 76 | | Sections 52(b)(1) and (2), Article III, or Section 59, Article XVI, |
|---|
| 77 | 77 | | Texas Constitution, regardless of how created; or |
|---|
| 78 | 78 | | (2) a municipality with respect to the use of a |
|---|
| 79 | 79 | | municipal airport for space flight activities as defined by Section |
|---|
| 80 | 80 | | 100A.001 unless the municipality would otherwise be liable under |
|---|
| 81 | 81 | | Section 101.021. |
|---|
| 82 | 82 | | (b) This section does not affect a limitation on liability |
|---|
| 83 | 83 | | or damages provided by this chapter, including a limitation under |
|---|
| 84 | 84 | | Section 101.023[, for a claim brought under this chapter]. |
|---|
| 85 | 85 | | SECTION 3. The change in law made by this Act applies only |
|---|
| 86 | 86 | | to a cause of action that accrues on or after the effective date of |
|---|
| 87 | 87 | | this Act. A cause of action that accrues before the effective date |
|---|
| 88 | 88 | | of this Act is governed by the law in effect immediately before that |
|---|
| 89 | 89 | | date, and that law is continued in effect for that purpose. |
|---|
| 90 | 90 | | SECTION 4. This Act takes effect September 1, 2013. |
|---|
| 91 | 91 | | * * * * * |
|---|