By: Alvarado S.B. No. 1575
(In the Senate - Filed March 5, 2019; March 14, 2019, read
first time and referred to Committee on State Affairs;
April 3, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 3, 2019,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1575 By: Nelson
A BILL TO BE ENTITLED
AN ACT
relating to governmental immunity for and adjudication of claims
arising from a local governmental entity's 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 Section 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. Subchapter I, Chapter 271, Local Government
Code, is amended by adding Section 271.1515 to read as follows:
Sec. 271.1515. APPLICABILITY OF SUBCHAPTER. This
subchapter does not apply to a contract with a local governmental
entity that:
(1) arises from a declaration of a disaster under
Section 418.014, Government Code; and
(2) primarily spends state or federal funds on goods
and services that:
(A) benefit private citizens or private property
located in the entity in recovering from the disaster; and
(B) do not benefit the entity.
SECTION 3. Section 115.0001, Civil Practice and Remedies
Code, as added by this Act, and Section 271.1515, Local Government
Code, as added by this Act, apply only to a contract entered into or
action taken under the contract 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, 2019.
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