By Kuempel H.B. No. 2445
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to warnings or the dissemination of information to the
1-3 public by governmental entities concerning flood events or flood
1-4 conditions.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 16, Water Code, is amended by adding
1-7 Subchapter K to read as follows:
1-8 SUBCHAPTER K. FLOOD WARNINGS BY GOVERNMENTAL
1-9 ENTITIES
1-10 Sec. 16.401. FINDINGS; PURPOSE. (a) It is in the public
1-11 interest to encourage governmental entities to warn the public of
1-12 flood events and flood conditions and to develop and disseminate to
1-13 the public information concerning flood events and flood
1-14 conditions.
1-15 (b) Governmental entities are being discouraged from
1-16 providing warnings and information because of claims or threats of
1-17 claims against them for their warnings or failures to warn or for
1-18 their development and dissemination of information or failures to
1-19 develop and disseminate information.
1-20 (c) This subchapter encourages governmental entities to warn
1-21 the public of flood events and flood conditions, and to develop and
1-22 disseminate to the public information concerning flood events and
1-23 flood conditions, by confirming that governmental entities are not
1-24 liable for damages arising from those acts or the failure to
2-1 perform those acts.
2-2 Sec. 16.402. DEFINITION. In this subchapter, "governmental
2-3 entity" means:
2-4 (1) a board, commission, council, department, or other
2-5 agency in the executive branch of state government that is created
2-6 by constitution or statute, including an institution of higher
2-7 education as defined by Section 61.003, Education Code; or
2-8 (2) a political subdivision of this state.
2-9 Sec. 16.403. NO LIABILITY. A governmental entity is not
2-10 liable for any property damage or damages arising from personal
2-11 injury or death if the property damage, injury, or death results
2-12 from a good faith effort by the governmental entity to warn or
2-13 disseminate available information from the governmental entity or
2-14 provided to the governmental entity by a third party concerning a
2-15 flood event or flood condition.
2-16 Sec. 16.404. APPLICATION AND EFFECT OF SUBCHAPTER. (a)
2-17 This subchapter does not create any liability.
2-18 (b) This subchapter does not waive sovereign immunity.
2-19 (c) To the extent that this subchapter provides that a
2-20 governmental entity is not liable under circumstances in which the
2-21 governmental entity would be liable under Chapter 101, Civil
2-22 Practice and Remedies Code, this subchapter controls.
2-23 SECTION 2. Subchapter C, Chapter 101, Civil Practice and
2-24 Remedies Code, is amended by adding Section 101.066 to read as
2-25 follows:
2-26 Sec. 101.066. FLOOD WARNINGS. To the extent that Subchapter
2-27 K, Chapter 16, Water Code, limits the liability of a governmental
3-1 unit under circumstances in which the governmental unit would be
3-2 liable under this chapter, Subchapter K, Chapter 16, Water Code,
3-3 controls.
3-4 SECTION 3. This Act takes effect September 1, 1999, and
3-5 applies only to a cause of action that accrues on or after that
3-6 date. An action that accrued before the effective date of this Act
3-7 is governed by the law applicable to the action immediately before
3-8 the effective date of this Act, and that law is continued in effect
3-9 for that purpose.
3-10 SECTION 4. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.