76R11337 DAK-F By Kuempel H.B. No. 2445 Substitute the following for H.B. No. 2445: By Bosse C.S.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: 2-13 (1) any failure of the governmental entity to warn of 2-14 a flood event or flood conditions or to obtain or disseminate 2-15 information concerning a flood event or flood conditions; or 2-16 (2) any warning or dissemination of information by the 2-17 governmental entity concerning a flood event or flood conditions, 2-18 without regard to the accuracy of the warning or information. 2-19 Sec. 16.404. APPLICATION AND EFFECT OF SUBCHAPTER. (a) 2-20 This subchapter does not create any liability. 2-21 (b) This subchapter does not waive sovereign immunity. 2-22 (c) To the extent that this subchapter provides that a 2-23 governmental entity is not liable under circumstances in which the 2-24 governmental entity would be liable under Chapter 101, Civil 2-25 Practice and Remedies Code, this subchapter controls. 2-26 SECTION 2. Subchapter C, Chapter 101, Civil Practice and 2-27 Remedies Code, is amended by adding Section 101.066 to read as 3-1 follows: 3-2 Sec. 101.066. FLOOD WARNINGS. To the extent that Subchapter 3-3 K, Chapter 16, Water Code, limits the liability of a governmental 3-4 unit under circumstances in which the governmental unit would be 3-5 liable under this chapter, Subchapter K, Chapter 16, Water Code, 3-6 controls. 3-7 SECTION 3. This Act takes effect September 1, 1999, and 3-8 applies only to a cause of action that accrues on or after that 3-9 date. An action that accrued before the effective date of this Act 3-10 is governed by the law applicable to the action immediately before 3-11 the effective date of this Act, and that law is continued in effect 3-12 for that purpose. 3-13 SECTION 4. The importance of this legislation and the 3-14 crowded condition of the calendars in both houses create an 3-15 emergency and an imperative public necessity that the 3-16 constitutional rule requiring bills to be read on three several 3-17 days in each house be suspended, and this rule is hereby suspended.