By Ellis                                        S.B. No. 1697

      75R8256 DAK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the liability of a municipality for damages arising

 1-3     from its governmental functions.

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

 1-5           SECTION 1.  Section 101.0215(a), Civil Practice and Remedies

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

 1-7           (a)  A municipality is liable under this chapter for damages

 1-8     arising from its governmental functions, which are those functions

 1-9     that are enjoined on a municipality by law and are given it by the

1-10     state as part of the state's sovereignty, to be exercised by the

1-11     municipality in the interest of the general public, including but

1-12     not limited to:

1-13                 (1)  police and fire protection and control;

1-14                 (2)  health and sanitation services;

1-15                 (3)  street construction and design;

1-16                 (4)  bridge construction and maintenance and street

1-17     maintenance;

1-18                 (5)  cemeteries and cemetery care;

1-19                 (6)  garbage and solid waste removal, collection, and

1-20     disposal;

1-21                 (7)  establishment and maintenance of jails;

1-22                 (8)  hospitals;

1-23                 (9)  sanitary and storm sewers;

1-24                 (10)  airports;

 2-1                 (11)  waterworks;

 2-2                 (12)  repair garages;

 2-3                 (13)  parks and zoos;

 2-4                 (14)  museums;

 2-5                 (15)  libraries and library maintenance;

 2-6                 (16)  civic, convention centers, or coliseums;

 2-7                 (17)  community, neighborhood, or senior citizen

 2-8     centers;

 2-9                 (18)  operation of emergency ambulance service;

2-10                 (19)  dams and reservoirs;

2-11                 (20)  warning signals;

2-12                 (21)  regulation of traffic;

2-13                 (22)  transportation systems;

2-14                 (23)  recreational facilities, including but not

2-15     limited to swimming pools, beaches, and marinas;

2-16                 (24)  vehicle and motor driven equipment maintenance;

2-17                 (25)  parking facilities;

2-18                 (26)  tax collection;

2-19                 (27)  firework displays;

2-20                 (28)  building codes and inspection;

2-21                 (29)  zoning, planning, and plat approval;

2-22                 (30)  engineering functions;

2-23                 (31)  maintenance of traffic signals, signs, and

2-24     hazards;

2-25                 (32)  water and sewer service; [and]

2-26                 (33)  animal control; and

2-27                 (34)  community development activity.

 3-1           SECTION 2.  This Act takes effect September 1, 1997, and

 3-2     applies only to a cause of action filed on or after that date.  An

 3-3     action filed before the effective date of this Act is governed by

 3-4     the law applicable to the action immediately before the effective

 3-5     date of this Act, and that law is continued in effect for that

 3-6     purpose.

 3-7           SECTION 3.  The importance of this legislation and the

 3-8     crowded condition of the calendars in both houses create an

 3-9     emergency and an imperative public necessity that the

3-10     constitutional rule requiring bills to be read on three several

3-11     days in each house be suspended, and this rule is hereby suspended.