| 1 | 1 | | 85R5706 JCG-F |
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| 2 | 2 | | By: Lucio S.B. No. 1671 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the waiver of governmental immunity of a county or |
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| 8 | 8 | | sheriff's department for claims arising from a final decision of |
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| 9 | 9 | | certain civil service commissions. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 158, Local Government |
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| 12 | 12 | | Code, is amended by adding Section 158.016 to read as follows: |
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| 13 | 13 | | Sec. 158.016. GOVERNMENTAL IMMUNITY WAIVED. (a) An |
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| 14 | 14 | | employee may file suit in district court for a writ of mandamus to |
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| 15 | 15 | | compel the county or, if applicable, the sheriff's department of |
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| 16 | 16 | | the county that employs the employee to comply with a final decision |
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| 17 | 17 | | of the commission established for the county or an order of a |
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| 18 | 18 | | district court under Section 158.012 that awards back pay or |
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| 19 | 19 | | another monetary benefit to the employee. |
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| 20 | 20 | | (b) Governmental immunity of a county or a sheriff's |
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| 21 | 21 | | department, as applicable, from suit and liability is waived only |
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| 22 | 22 | | to the extent necessary to enforce the final decision or order |
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| 23 | 23 | | described by Subsection (a). |
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| 24 | 24 | | (c) The court may award reasonable attorney's fees and court |
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| 25 | 25 | | costs to the prevailing party in a suit brought under this section. |
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| 26 | 26 | | SECTION 2. Subchapter B, Chapter 158, Local Government |
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| 27 | 27 | | Code, is amended by adding Section 158.041 to read as follows: |
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| 28 | 28 | | Sec. 158.041. GOVERNMENTAL IMMUNITY WAIVED. (a) An |
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| 29 | 29 | | employee may file suit in district court for a writ of mandamus to |
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| 30 | 30 | | compel the county and the sheriff's department of the county that |
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| 31 | 31 | | employs the employee to comply with a final decision of the |
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| 32 | 32 | | commission established for the county or an order of a district |
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| 33 | 33 | | court under Section 158.037 that awards back pay or another |
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| 34 | 34 | | monetary benefit to the employee. |
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| 35 | 35 | | (b) Governmental immunity of a county or a sheriff's |
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| 36 | 36 | | department, as applicable, from suit and liability is waived only |
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| 37 | 37 | | to the extent necessary to enforce the final decision or order |
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| 38 | 38 | | described by Subsection (a). |
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| 39 | 39 | | (c) The court may award reasonable attorney's fees and court |
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| 40 | 40 | | costs to the prevailing party in a suit brought under this section. |
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| 41 | 41 | | SECTION 3. The changes in law made by this Act apply to a |
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| 42 | 42 | | final decision of a civil service commission or an order of a |
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| 43 | 43 | | district court issued before, on, or after the effective date of |
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| 44 | 44 | | this Act. |
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| 45 | 45 | | SECTION 4. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2017. |
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