88R21217 SCP-F
By: Rogers H.B. No. 3669
Substitute the following for H.B. No. 3669:
By: Burns C.S.H.B. No. 3669
A BILL TO BE ENTITLED
AN ACT
relating to the governmental immunity of certain conservation and
reclamation districts with respect to proceedings to exercise the
power of eminent domain over real property interests of the
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 36, Water Code, is amended
by adding Section 36.1055 to read as follows:
Sec. 36.1055. GOVERNMENTAL IMMUNITY WAIVED FOR CERTAIN REAL
PROPERTY. (a) Governmental immunity of a district is waived with
respect to a proceeding to exercise the power of eminent domain over
a real property interest of the district.
(b) This section prevails over a special law governing a
district or any other statute.
SECTION 2. Subchapter H, Chapter 49, Water Code, is amended
by adding Section 49.2225 to read as follows:
Sec. 49.2225. GOVERNMENTAL IMMUNITY WAIVED FOR CERTAIN REAL
PROPERTY. (a) Governmental immunity of a district is waived with
respect to a proceeding to exercise the power of eminent domain over
a real property interest of the district.
(b) Notwithstanding Section 49.002, this section prevails
over a special law governing a district or any other statute.
SECTION 3. The legislature intends that the passage of this
Act codifies settled common law that holds that the governmental
immunity of a water district is waived with respect to a proceeding
to exercise the power of eminent domain over a real property
interest of the district.
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, 2023.