By Pickett H.B. No. 2954
74R8054 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the term and conditions of certain interlocal contracts
1-3 and litigation resulting from the contracts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 791.001, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 791.001. PURPOSE. The purpose of this chapter is to
1-8 increase the efficiency and effectiveness of local governments by
1-9 authorizing them to contract, to the greatest possible extent, with
1-10 a broad range of governmental <one another and with> agencies <of
1-11 the state>.
1-12 SECTION 2. Section 791.003(4), Government Code, is amended
1-13 to read as follows:
1-14 (4) "Local government" means a:
1-15 (A) county, municipality, special district, or
1-16 other political subdivision of this state or a state that borders
1-17 this state, including a state of the United Mexican States; or
1-18 (B) combination of two or more of those
1-19 entities.
1-20 SECTION 3. Section 791.026, Government Code, is amended to
1-21 read as follows:
1-22 Sec. 791.026. CONTRACTS FOR WATER SUPPLY AND WASTEWATER
1-23 TREATMENT FACILITIES. (a) A municipality, district, or river
1-24 authority of this state may contract with any of the following
2-1 entities for a purpose described by Subsection (b):
2-2 (1) an international agency;
2-3 (2) an interstate agency;
2-4 (3) an agency of the United States;
2-5 (4) an agency of the United Mexican States;
2-6 (5) an agency of this state or a state that borders
2-7 this state, including a state of the United Mexican States;
2-8 (6) a river authority of this state; or
2-9 (7) a local government.
2-10 (b) An interlocal contract may be made <another
2-11 municipality, district, or river authority of this state> to obtain
2-12 or provide part or all of:
2-13 (1) the preparation of plans for, and the
2-14 determination of the feasibility, finance, design, construction,
2-15 operation, maintenance, and provision of, water supply or
2-16 wastewater treatment facilities; or
2-17 (2) a lease or operation of water supply facilities or
2-18 wastewater treatment facilities.
2-19 (c) <(b)> The contract may provide that the municipality,
2-20 district, or river authority obtaining one of the services may not
2-21 obtain those services from a source other than a contracting party,
2-22 except as provided by the contract.
2-23 (d) <(c)> If a contract includes a term described by
2-24 Subsection (c) <(b)>, payments made under the contract are the
2-25 paying party's operating expenses for its water supply system,
2-26 wastewater treatment facilities, or both.
2-27 (e) <(d)> The contract may:
3-1 (1) contain terms and extend for any period on which
3-2 the parties agree; and
3-3 (2) provide that it will continue in effect until
3-4 bonds specified by the contract and any refunding bonds issued to
3-5 pay those bonds are paid.
3-6 (f) <(e)> Tax revenue may not be pledged to the payment of
3-7 amounts agreed to be paid under the contract.
3-8 (g) <(f)> The powers granted by this section prevail over a
3-9 limitation contained in another law.
3-10 (h) A contract between a local government of this state and
3-11 a local government of a state that borders this state, including a
3-12 state of the United Mexican States, must provide that the laws and
3-13 judicial decisions of this state regarding sovereign immunity or
3-14 the waiver of sovereign immunity apply to any claim brought against
3-15 a local government of this state or its employees arising out of
3-16 the acts or omissions of the local government's employees acting in
3-17 the employee's scope of employment that occurred in the bordering
3-18 state.
3-19 (i) In this section, the term "scope of employment" has the
3-20 meaning assigned the term by Section 101.001, Civil Practice and
3-21 Remedies Code.
3-22 SECTION 4. Section 101.001(4), Civil Practice and Remedies
3-23 Code, is amended to read as follows:
3-24 (4) "Scope of employment" means the performance for a
3-25 governmental unit of the duties of an employee's office or
3-26 employment and includes being in or about the performance of a task
3-27 lawfully assigned to an employee by competent authority, including
4-1 a task performed:
4-2 (A) in this state;
4-3 (B) in a state that borders this state,
4-4 including a state of the United Mexican States; or
4-5 (C) any other place.
4-6 SECTION 5. Subchapter C, Chapter 101, Civil Practice and
4-7 Remedies Code, is amended by adding Sections 101.064 and 101.065 to
4-8 read as follows:
4-9 Sec. 101.064. ACTIONS OUTSIDE JURISDICTIONAL BOUNDARIES.
4-10 This chapter applies to an action or omission of a governmental
4-11 employee acting within the employee's scope of employment in:
4-12 (1) this state;
4-13 (2) a state that borders this state, including a state
4-14 of the United Mexican States; or
4-15 (3) any other place.
4-16 Sec. 101.065. RECOGNITION OF SOVEREIGN IMMUNITY OF FOREIGN
4-17 STATES. This state shall recognize and apply the provisions of a
4-18 foreign state's law regarding sovereign immunity or the waiver of
4-19 sovereign immunity in any case brought against a foreign state or
4-20 its employees arising out of the actions or omissions of the
4-21 foreign state or its employees if:
4-22 (1) the foreign state applies the provision of this
4-23 chapter, and other laws or judicial decisions of this state
4-24 regarding sovereign immunity or the waiver of sovereign immunity
4-25 arising out of activities of a governmental unit of this state or
4-26 its employees in the foreign state; and
4-27 (2) the application of the foreign state's laws or
5-1 judicial decisions regarding sovereign immunity are not against the
5-2 public policy of this state.
5-3 SECTION 6. This Act applies only to a suit filed on or after
5-4 the effective date of this Act. A suit filed before the effective
5-5 date of this Act is governed by the law as it existed immediately
5-6 before the effective date of this Act, and that law is continued in
5-7 effect for that purpose.
5-8 SECTION 7. The importance of this legislation and the
5-9 crowded condition of the calendars in both houses create an
5-10 emergency and an imperative public necessity that the
5-11 constitutional rule requiring bills to be read on three several
5-12 days in each house be suspended, and this rule is hereby suspended,
5-13 and that this Act take effect and be in force from and after its
5-14 passage, and it is so enacted.