| 1 | 1 | | 88R21217 SCP-F |
|---|
| 2 | 2 | | By: Rogers H.B. No. 3669 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 3669: |
|---|
| 4 | 4 | | By: Burns C.S.H.B. No. 3669 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the governmental immunity of certain conservation and |
|---|
| 10 | 10 | | reclamation districts with respect to proceedings to exercise the |
|---|
| 11 | 11 | | power of eminent domain over real property interests of the |
|---|
| 12 | 12 | | districts. |
|---|
| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 14 | 14 | | SECTION 1. Subchapter D, Chapter 36, Water Code, is amended |
|---|
| 15 | 15 | | by adding Section 36.1055 to read as follows: |
|---|
| 16 | 16 | | Sec. 36.1055. GOVERNMENTAL IMMUNITY WAIVED FOR CERTAIN REAL |
|---|
| 17 | 17 | | PROPERTY. (a) Governmental immunity of a district is waived with |
|---|
| 18 | 18 | | respect to a proceeding to exercise the power of eminent domain over |
|---|
| 19 | 19 | | a real property interest of the district. |
|---|
| 20 | 20 | | (b) This section prevails over a special law governing a |
|---|
| 21 | 21 | | district or any other statute. |
|---|
| 22 | 22 | | SECTION 2. Subchapter H, Chapter 49, Water Code, is amended |
|---|
| 23 | 23 | | by adding Section 49.2225 to read as follows: |
|---|
| 24 | 24 | | Sec. 49.2225. GOVERNMENTAL IMMUNITY WAIVED FOR CERTAIN REAL |
|---|
| 25 | 25 | | PROPERTY. (a) Governmental immunity of a district is waived with |
|---|
| 26 | 26 | | respect to a proceeding to exercise the power of eminent domain over |
|---|
| 27 | 27 | | a real property interest of the district. |
|---|
| 28 | 28 | | (b) Notwithstanding Section 49.002, this section prevails |
|---|
| 29 | 29 | | over a special law governing a district or any other statute. |
|---|
| 30 | 30 | | SECTION 3. The legislature intends that the passage of this |
|---|
| 31 | 31 | | Act codifies settled common law that holds that the governmental |
|---|
| 32 | 32 | | immunity of a water district is waived with respect to a proceeding |
|---|
| 33 | 33 | | to exercise the power of eminent domain over a real property |
|---|
| 34 | 34 | | interest of the district. |
|---|
| 35 | 35 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 39 | 39 | | Act takes effect September 1, 2023. |
|---|