H.B. No. 3163
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3163 was passed by the House on May
15, 2015, by the following vote: Yeas 119, Nays 5, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3163 on May 29, 2015, by the following vote: Yeas 141, Nays 4,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3163 was passed by the Senate, with
amendments, on May 27, 2015, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor