By Hupp                                         H.B. No. 3255

      75R5677 DAK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the participation of a municipality in a class action

 1-3     suit.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter A, Chapter 17, Civil Practice and

 1-6     Remedies Code, is amended by adding Section 17.006 to read as

 1-7     follows:

 1-8           Sec. 17.006.  MUNICIPALITY AS PLAINTIFF IN CLASS ACTION SUIT.

 1-9     A municipality may be entered into a class action suit as a

1-10     plaintiff only by an affirmative vote of the governing body of the

1-11     municipality.

1-12           SECTION 2.  The change in law made by this Act applies only

1-13     to:

1-14                 (1)  a class action suit filed on or after the

1-15     effective date of this Act; or

1-16                 (2)  intervention by a municipality in an existing

1-17     class action suit on or after the effective date of this Act.

1-18           SECTION 3.  This Act takes effect September 1, 1997.

1-19           SECTION 4.  The importance of this legislation and the

1-20     crowded condition of the calendars in both houses create an

1-21     emergency and an imperative public necessity that the

1-22     constitutional rule requiring bills to be read on three several

1-23     days in each house be suspended, and this rule is hereby suspended.