SRC-TNM S.B. 923 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 923
By: Galloway
Jurisprudence
3-19-97
As Filed


DIGEST 

Currently, municipalities may be made a party to a class action suit
without city council approval. Upon learning that they have been entered
into a class action lawsuit without their approval, cities must often
devote time and money to remove themselves from such suits.  S.B. 923
would allow a municipality to be entered into a class action suit as a
plaintiff only by an affirmative vote of the governing body of the
municipality. 

PURPOSE

As proposed, S.B. 923 outlines provisions regarding the participation of a
municipality in a class action suit. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 17A, Civil Practice and Remedies Code, by adding
Section 17.006, as follows: 

Sec. 17.006. MUNICIPALITY AS PLAINTIFF IN CLASS ACTION SUIT. Authorizes a
municipality to be entered into a class action suit as a plaintiff only by
an affirmative vote of the governing body of the municipality. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.