1-1     By:  Ellis                                            S.B. No. 1697

 1-2           (In the Senate - Filed March 14, 1997; March 24, 1997, read

 1-3     first time and referred to Committee on Economic Development;

 1-4     April 18, 1997, reported favorably, as amended, by the following

 1-5     vote:  Yeas 8, Nays 0; April 18, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                                By:  Ellis

 1-7     Amend S.B. No. 1697 in SECTION 1, Section 101.0215(a)(34), Civil

 1-8     Practice and Remedies Code (page 1, line 62) by striking "activity"

 1-9     and substituting "activities undertaken by a municipality under

1-10     Chapter 373, Local Government Code"

1-11                            A BILL TO BE ENTITLED

1-12                                   AN ACT

1-13     relating to the liability of a municipality for damages arising

1-14     from its governmental functions.

1-15           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-16           SECTION 1.  Subsection (a), Section 101.0215, Civil Practice

1-17     and Remedies Code, is amended to read as follows:

1-18           (a)  A municipality is liable under this chapter for damages

1-19     arising from its governmental functions, which are those functions

1-20     that are enjoined on a municipality by law and are given it by the

1-21     state as part of the state's sovereignty, to be exercised by the

1-22     municipality in the interest of the general public, including but

1-23     not limited to:

1-24                 (1)  police and fire protection and control;

1-25                 (2)  health and sanitation services;

1-26                 (3)  street construction and design;

1-27                 (4)  bridge construction and maintenance and street

1-28     maintenance;

1-29                 (5)  cemeteries and cemetery care;

1-30                 (6)  garbage and solid waste removal, collection, and

1-31     disposal;

1-32                 (7)  establishment and maintenance of jails;

1-33                 (8)  hospitals;

1-34                 (9)  sanitary and storm sewers;

1-35                 (10)  airports;

1-36                 (11)  waterworks;

1-37                 (12)  repair garages;

1-38                 (13)  parks and zoos;

1-39                 (14)  museums;

1-40                 (15)  libraries and library maintenance;

1-41                 (16)  civic, convention centers, or coliseums;

1-42                 (17)  community, neighborhood, or senior citizen

1-43     centers;

1-44                 (18)  operation of emergency ambulance service;

1-45                 (19)  dams and reservoirs;

1-46                 (20)  warning signals;

1-47                 (21)  regulation of traffic;

1-48                 (22)  transportation systems;

1-49                 (23)  recreational facilities, including but not

1-50     limited to swimming pools, beaches, and marinas;

1-51                 (24)  vehicle and motor driven equipment maintenance;

1-52                 (25)  parking facilities;

1-53                 (26)  tax collection;

1-54                 (27)  firework displays;

1-55                 (28)  building codes and inspection;

1-56                 (29)  zoning, planning, and plat approval;

1-57                 (30)  engineering functions;

1-58                 (31)  maintenance of traffic signals, signs, and

1-59     hazards;

1-60                 (32)  water and sewer service; [and]

1-61                 (33)  animal control; and

1-62                 (34)  community development activity.

1-63           SECTION 2.  This Act takes effect September 1, 1997, and

1-64     applies only to a cause of action filed on or after that date.  An

 2-1     action filed before the effective date of this Act is governed by

 2-2     the law applicable to the action immediately before the effective

 2-3     date of this Act, and that law is continued in effect for that

 2-4     purpose.

 2-5           SECTION 3.  The importance of this legislation and the

 2-6     crowded condition of the calendars in both houses create an

 2-7     emergency and an imperative public necessity that the

 2-8     constitutional rule requiring bills to be read on three several

 2-9     days in each house be suspended, and this rule is hereby suspended.

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