By: Cyrier, Isaac (Senate Sponsor - Watson) H.B. No. 3163
(In the Senate - Received from the House May 18, 2015;
May 18, 2015, read first time and referred to Committee on State
Affairs; May 24, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 24, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 3163 By: Ellis
A BILL TO BE ENTITLED
AN ACT
relating to civil suits filed against board members of a
groundwater conservation district and the liability of a member for
certain actions taken by the board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.060, Water Code, is amended by adding
Subsection (e) to read as follows:
(e) For liability purposes only, a director is considered a
district employee under Chapter 101, Civil Practice and Remedies
Code, even if the director does not receive fees of office
voluntarily, by district policy, or through a statutory exception
to this section.
SECTION 2. Section 36.066(a), Water Code, is amended to
read as follows:
(a) A district may sue and be sued in the courts of this
state in the name of the district by and through its board. A
district board member is immune from suit and immune from liability
for official votes and official actions. To the extent an official
vote or official action conforms to laws relating to conflicts of
interest, abuse of office, or constitutional obligations, this
subsection provides immunity for those actions. All courts shall
take judicial notice of the creation of the district and of its
boundaries.
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, 2015.
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