SRC-AAA S.B. 1697 75(R)BILL ANALYSIS


Senate Research CenterS.B. 1697
By: Ellis
Economic Development
4-16-97
Committee Report (Amended)


DIGEST 

Currently, Texas municipalities are subject to lawsuits, with limited
liability, for damages arising from governmental functions.  The list of
governmental functions does not include community development activity.
This bill adds community development activity to the list of governmental
functions for which liability is limited by the Tort Claims Act. 

PURPOSE

As proposed, S.B. 1697 adds community development activity to the list of
governmental functions for which liability is limited by the Tort Claims
Act. 

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 Section 101.0215(a), Civil Practice and Remedies Code,
to provide that a municipality is liable for damages from its governmental
functions, including community development activities undertaken by a
municipality pursuant to Chapter 373, Local Government Code. Makes
conforming changes.  

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

Page 2, line 27, amends SECTION 1, Section 101.0215(a)(34), Civil Practice
and Remedies Code, by striking "activity" and substituting "activities
undertaken by a municipality pursuant to Chapter 373, Local Government
Code."