By Duncan                                       S.B. No. 1109

      75R7443 MLS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the liability of a governmental unit for the removal or

 1-3     destruction of traffic and road control devices.

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

 1-5           SECTION 1.  Section 101.060(a), Civil Practice and Remedies

 1-6     Code, is amended to read as follows:

 1-7           (a)  This chapter does not apply to a claim arising from:

 1-8                 (1)  the failure of a governmental unit initially to

 1-9     place a traffic or road sign, signal, or warning device if the

1-10     failure is a result of discretionary action of the governmental

1-11     unit;

1-12                 (2)  the absence, condition, or malfunction of a

1-13     traffic or road sign, signal, or warning device unless the absence,

1-14     condition, or malfunction is not corrected by the responsible

1-15     governmental unit within a reasonable time after notice;  or

1-16                 (3)  the removal or destruction of a traffic or road

1-17     sign, signal, or warning device by a third person unless the

1-18     governmental unit fails to correct the removal or destruction

1-19     within a reasonable time after receiving actual written notice.

1-20           SECTION 2.  This Act takes effect September 1, 1997, and

1-21     applies to a cause of action that accrues on or after the effective

1-22     date of this Act.  A cause of action that accrues before the

1-23     effective date of this Act is governed by the law as it existed

1-24     immediately before the effective date of this Act, and that law is

 2-1     continued in effect for that purpose.

 2-2           SECTION 3.  The importance of this legislation and the

 2-3     crowded condition of the calendars in both houses create an

 2-4     emergency and an imperative public necessity that the

 2-5     constitutional rule requiring bills to be read on three several

 2-6     days in each house be suspended, and this rule is hereby suspended.