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Senate Bill 958 |
Senate Author: Fraser |
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Effective: 6-14-13 |
House Sponsor: Keffer |
Senate Bill 958 amends the Civil Practice and Remedies Code to establish that a local district or authority that enters into a written contract to provide water to a purchaser for use in connection with the generation of electricity waives sovereign immunity to suit for the purpose of adjudicating a claim that the local district or authority breached the contract by not providing water, or access to water, according to the contract's terms. Remedies awarded in the adjudication of such a claim may include any remedy available for breach of contract that is not inconsistent with the terms of the contract, other than consequential or exemplary damages. The bill provides that compliance with an order of the Texas Commission on Environmental Quality or other state regulatory agency that expressly curtails water delivery to a specific electric generating facility is not considered a breach of contract.