85R5706 JCG-F
By: Lucio S.B. No. 1671
A BILL TO BE ENTITLED
AN ACT
relating to the waiver of governmental immunity of a county or
sheriff's department for claims arising from a final decision of
certain civil service commissions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 158, Local Government
Code, is amended by adding Section 158.016 to read as follows:
Sec. 158.016. GOVERNMENTAL IMMUNITY WAIVED. (a) An
employee may file suit in district court for a writ of mandamus to
compel the county or, if applicable, the sheriff's department of
the county that employs the employee to comply with a final decision
of the commission established for the county or an order of a
district court under Section 158.012 that awards back pay or
another monetary benefit to the employee.
(b) Governmental immunity of a county or a sheriff's
department, as applicable, from suit and liability is waived only
to the extent necessary to enforce the final decision or order
described by Subsection (a).
(c) The court may award reasonable attorney's fees and court
costs to the prevailing party in a suit brought under this section.
SECTION 2. Subchapter B, Chapter 158, Local Government
Code, is amended by adding Section 158.041 to read as follows:
Sec. 158.041. GOVERNMENTAL IMMUNITY WAIVED. (a) An
employee may file suit in district court for a writ of mandamus to
compel the county and the sheriff's department of the county that
employs the employee to comply with a final decision of the
commission established for the county or an order of a district
court under Section 158.037 that awards back pay or another
monetary benefit to the employee.
(b) Governmental immunity of a county or a sheriff's
department, as applicable, from suit and liability is waived only
to the extent necessary to enforce the final decision or order
described by Subsection (a).
(c) The court may award reasonable attorney's fees and court
costs to the prevailing party in a suit brought under this section.
SECTION 3. The changes in law made by this Act apply to a
final decision of a civil service commission or an order of a
district court issued before, on, or after the effective date of
this Act.
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.