Texas 2013 - 83rd Regular

Texas Senate Bill SB958 Compare Versions

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1	1	By: Fraser S.B. No. 958
2	2	(Keffer)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the liability of certain special-purpose districts or
8	8	authorities providing water to a purchaser for the generation of
9	9	electricity.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 5, Civil Practice and Remedies Code, is
12	12	amended by adding Chapter 113 to read as follows:
13	13	CHAPTER 113. WATER SUPPLY CONTRACT CLAIM AGAINST LOCAL DISTRICT
14	14	OR AUTHORITY
15	15	Sec. 113.001. DEFINITIONS. In this chapter:
16	16	(1) "Adjudicating a claim" means the bringing of a
17	17	civil suit and prosecution to final judgment in court and includes
18	18	the bringing of an authorized arbitration proceeding and
19	19	prosecution to final resolution in accordance with any mandatory
20	20	procedures established in the contract that is the subject of the
21	21	dispute under Section 113.002.
22	22	(2) "Local district or authority" means a
23	23	special-purpose district or authority, including a levee
24	24	improvement district, drainage district, irrigation district,
25	25	water improvement district, water control and improvement
26	26	district, water control and preservation district, fresh water
27	27	supply district, navigation district, special utility district,
28	28	and river authority, and any conservation and reclamation district.
29	29	Sec. 113.002. WAIVER OF IMMUNITY TO SUIT FOR CLAIM
30	30	REGARDING WATER SUPPLY CONTRACT. A local district or authority
31	31	that enters into a written contract stating the essential terms
32	32	under which the local district or authority is to provide water to a
33	33	purchaser for use in connection with the generation of electricity
34	34	waives sovereign immunity to suit for the purpose of adjudicating a
35	35	claim that the local district or authority breached the contract by
36	36	not providing water, or access to water, according to the
37	37	contract's terms.
38	38	Sec. 113.003. REMEDIES. (a) Except as provided by
39	39	Subsection (b), remedies awarded in a proceeding adjudicating a
40	40	claim under this chapter may include any remedy available for
41	41	breach of contract that is not inconsistent with the terms of the
42	42	contract, including the cost of cover and specific performance.
43	43	(b) Remedies awarded in a proceeding adjudicating a claim
44	44	under this chapter may not include consequential or exemplary
45	45	damages.
46	46	Sec. 113.004. NO WAIVER OF OTHER DEFENSES. This chapter
47	47	does not waive a defense or a limitation on damages available to a
48	48	party to a contract other than sovereign immunity to suit.
49	49	Sec. 113.005. NO WAIVER OF IMMUNITY TO SUIT IN FEDERAL
50	50	COURT. This chapter does not waive sovereign immunity to suit in
51	51	federal court.
52	52	Sec. 113.006. NO WAIVER OF IMMUNITY TO SUIT FOR TORT
53	53	LIABILITY. This chapter does not waive sovereign immunity to suit
54	54	for a cause of action for a negligent or intentional tort.
55	55	Sec. 113.007. NO NEW OR ADDITIONAL WATER RIGHTS. This
56	56	chapter does not grant any user of water any new or additional
57	57	rights to water or any new or additional priority to water rights.
58	58	This chapter does not confer any rights inconsistent with the terms
59	59	of the contract that is the subject of a dispute under Section
60	60	113.002.
61	61	Sec. 113.008. AUTHORITY OF REGULATORY AGENCIES; COMPLIANCE
62	62	WITH REGULATORY ORDER. (a) This chapter does not limit the
63	63	authority of the Texas Commission on Environmental Quality or any
64	64	other state regulatory agency.
65	65	(b) Compliance with an order of the Texas Commission on
66	66	Environmental Quality or any other state regulatory agency that
67	67	expressly curtails water delivery to a specific electric generating
68	68	facility is not considered a breach of contract for the purposes of
69	69	this chapter.
70	70	Sec. 113.009. NO THIRD-PARTY BENEFICIARIES. (a) This
71	71	chapter waives sovereign immunity only for the benefit of:
72	72	(1) a party to the contract that is the subject of a
73	73	dispute under Section 113.002; or
74	74	(2) the assignee of a party to the contract, if
75	75	assignment of an interest in the contract is permitted by the terms
76	76	of the contract.
77	77	(b) Except for an assignment described by Subsection
78	78	(a)(2), a party authorized by this chapter to sue for a cause of
79	79	action of breach of contract may not transfer or assign that cause
80	80	of action to any person.
81	81	SECTION 2. (a) The change in law made by this Act applies
82	82	only to a cause of action that accrues on or after the effective
83	83	date of this Act. A cause of action that accrues before the
84	84	effective date of this Act is governed by the law in effect
85	85	immediately before that date, and that law is continued in effect
86	86	for that purpose.
87	87	(b) The change in law made by this Act does not waive
88	88	sovereign immunity to suit for any claims related to or arising out
89	89	of a contract that was the subject of litigation that was
90	90	adjudicated or dismissed on the basis of sovereign immunity prior
91	91	to the effective date of this Act.
92	92	SECTION 3. This Act takes effect immediately if it receives
93	93	a vote of two-thirds of all the members elected to each house, as
94	94	provided by Section 39, Article III, Texas Constitution. If this
95	95	Act does not receive the vote necessary for immediate effect, this
96	96	Act takes effect September 1, 2013.