Texas 2019 - 86th Regular

Texas Senate Bill SB1575 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1575
	1	+	By: Alvarado, et al. S.B. No. 1575
	2	+	(Krause)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to governmental immunity for and adjudication of claims
6	8		arising from a local governmental entity's disaster recovery
7	9		contract.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Title 5, Civil Practice and Remedies Code, is
10	12		amended by adding Chapter 115 to read as follows:
11	13		CHAPTER 115. MUNICIPAL LIABILITY
12	14		Sec. 115.0001. DISASTER RECOVERY AS GOVERNMENTAL FUNCTION.
13	15		(a) A municipality performs a governmental function if, after a
14	16		declaration of a disaster under Section 418.014, Government Code,
15	17		the municipality enters into a contract for a purpose related to
16	18		disaster recovery or takes an action under that contract.
17	19		(b) A municipality has governmental immunity to suit and
18	20		from liability for a cause of action arising from a governmental
19	21		function described by this section.
20	22		SECTION 2. Subchapter I, Chapter 271, Local Government
21	23		Code, is amended by adding Section 271.1515 to read as follows:
22	24		Sec. 271.1515. APPLICABILITY OF SUBCHAPTER. This
23	25		subchapter does not apply to a contract with a local governmental
24	26		entity that:
25	27		(1) arises from a declaration of a disaster under
26		-	Section 418.014, Government Code;
27		-	(2) is not for nonresidential engineering,
28		-	architectural, or construction services or goods related to those
29		-	services; and
30		-	(3) primarily spends state or federal funds on goods
	28	+	Section 418.014, Government Code; and
	29	+	(2) primarily spends state or federal funds on goods
31	30		and services that:
32	31		(A) benefit private citizens or private property
33	32		located in the entity in recovering from the disaster; and
34	33		(B) do not benefit the entity.
35	34		SECTION 3. Section 115.0001, Civil Practice and Remedies
36	35		Code, as added by this Act, and Section 271.1515, Local Government
37	36		Code, as added by this Act, apply only to a contract entered into or
38	37		action taken under the contract on or after the effective date of
39	38		this Act.
40	39		SECTION 4. This Act takes effect immediately if it receives
41	40		a vote of two-thirds of all the members elected to each house, as
42	41		provided by Section 39, Article III, Texas Constitution. If this
43	42		Act does not receive the vote necessary for immediate effect, this
44	43		Act takes effect September 1, 2019.
45		-	______________________________ ______________________________
46		-	President of the Senate Speaker of the House
47		-	I hereby certify that S.B. No. 1575 passed the Senate on
48		-	April 16, 2019, by the following vote: Yeas 30, Nays 1; and that
49		-	the Senate concurred in House amendment on May 21, 2019, by the
50		-	following vote: Yeas 31, Nays 0.
51		-	______________________________
52		-	Secretary of the Senate
53		-	I hereby certify that S.B. No. 1575 passed the House, with
54		-	amendment, on May 17, 2019, by the following vote: Yeas 141,
55		-	Nays 2, two present not voting.
56		-	______________________________
57		-	Chief Clerk of the House
58		-	Approved:
59		-	______________________________
60		-	Date
61		-	______________________________
62		-	Governor