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.