86R9365 SCL-D
By: Alvarado S.B. No. 1575
A BILL TO BE ENTITLED
AN ACT
relating to governmental immunity of a municipality for a cause of
action arising from a disaster recovery contract.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 5, Civil Practice and Remedies Code, is
amended by adding Chapter 115 to read as follows:
CHAPTER 115. MUNICIPAL LIABILITY
Sec. 115.0001. DISASTER RECOVERY AS GOVERNMENTAL FUNCTION.
(a) A municipality performs a governmental function if, after a
declaration of a disaster under 418.014, Government Code, the
municipality enters into a contract for a purpose related to
disaster recovery or takes an action under that contract.
(b) A municipality has governmental immunity to suit and
from liability for a cause of action arising from a governmental
function described by this section.
SECTION 2. Section 115.0001, Civil Practice and Remedies
Code, as added by this Act, applies only to a contract entered into
or action taken under the contract on or after the effective date of
this Act.
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, 2019.