By Kuempel H.B. No. 2445
76R7863 DAK-F
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 relieve any governmental entity from
2-21 liability that would otherwise exist for deliberate, wilful, or
2-22 malicious injury to a person or property.
2-23 (b) This subchapter does not create any liability.
2-24 (c) This subchapter does not waive sovereign immunity.
2-25 (d) To the extent that this subchapter provides that a
2-26 governmental entity is not liable under circumstances in which the
2-27 governmental entity would be liable under Chapter 101, Civil
3-1 Practice and Remedies Code, this subchapter controls.
3-2 SECTION 2. Subchapter C, Chapter 101, Civil Practice and
3-3 Remedies Code, is amended by adding Section 101.066 to read as
3-4 follows:
3-5 Sec. 101.066. FLOOD WARNINGS. To the extent that Subchapter
3-6 K, Chapter 16, Water Code, limits the liability of a governmental
3-7 unit under circumstances in which the governmental unit would be
3-8 liable under this chapter, Subchapter K, Chapter 16, Water Code,
3-9 controls.
3-10 SECTION 3. This Act takes effect September 1, 1999, and
3-11 applies only to a cause of action that accrues on or after that
3-12 date. An action that accrued before the effective date of this Act
3-13 is governed by the law applicable to the action immediately before
3-14 the effective date of this Act, and that law is continued in effect
3-15 for that purpose.
3-16 SECTION 4. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.