Texas 2015 84th Regular

Texas House Bill HB3163 Introduced / Bill

Filed 03/13/2015

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                    By: Cyrier H.B. No. 3163


 A BILL TO BE ENTITLED
 AN ACT
 relating to filing suit against board members of groundwater
 conservation districts.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  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 acting in his individual capacity is immune
 from suit and liability for actions taken on behalf of the board.
 All courts shall take judicial notice of the creation of the
 district and of it boundaries.
 SECTION 2.  Section 36.066, Water Code, is amended by adding
 a new Subsection (h) to read as follows:
 (h)  An attempt to bring suit against an individual district
 board member for actions taken on behalf of the board or for an
 official vote shall constitute coercion of a public official as
 defined in Texas Penal Code Section 36.03(1)
 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.