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