85R11370 SCL-D
By: Watson S.B. No. 1638
A BILL TO BE ENTITLED
AN ACT
relating to waiver of a political subdivision's governmental
immunity for certain employment benefit claims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 180, Local Government Code, is amended
by adding Section 180.008 to read as follows:
Sec. 180.008. GOVERNMENTAL IMMUNITY WAIVED FOR CERTAIN
EMPLOYMENT BENEFIT CLAIMS. (a) Notwithstanding Section 2259.002,
Government Code, a political subdivision's governmental immunity
to suit and from liability is waived and abolished for a claim based
on a dispute under an employment benefit, including health benefit
plan coverage, provided to an employee of the political subdivision
by the political subdivision if the employee is unable to sue
another party for the same claim.
(b) Governmental immunity to suit and from liability is
waived and abolished under this section only to the extent of
liability under a claim described by Subsection (a).
SECTION 2. The heading to Chapter 180, Local Government
Code, is amended to read as follows:
CHAPTER 180. MISCELLANEOUS PROVISIONS AFFECTING OFFICERS AND
EMPLOYEES OF MUNICIPALITIES, COUNTIES, AND [CERTAIN] OTHER LOCAL
GOVERNMENTS
SECTION 3. Section 180.008, Local Government Code, as added
by this Act, applies only to an action that commences on or after
the effective date of this Act. An action that commences before the
effective date of this Act is governed by the law applicable to the
action immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
SECTION 4. 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, 2017.