1-1                                   AN ACT
 1-2     relating to establishing the enforcement of land use restrictions
 1-3     as a governmental function of a municipality.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 101.0215(a), Civil Practice and Remedies
 1-6     Code, is amended to read as follows:
 1-7           (a)  A municipality is liable under this chapter for damages
 1-8     arising from its governmental functions, which are those functions
 1-9     that are enjoined on a municipality by law and are given it by the
1-10     state as part of the state's sovereignty, to be exercised by the
1-11     municipality in the interest of the general public, including but
1-12     not limited to:
1-13                 (1)  police and fire protection and control;
1-14                 (2)  health and sanitation services;
1-15                 (3)  street construction and design;
1-16                 (4)  bridge construction and maintenance and street
1-17     maintenance;
1-18                 (5)  cemeteries and cemetery care;
1-19                 (6)  garbage and solid waste removal, collection, and
1-20     disposal;
1-21                 (7)  establishment and maintenance of jails;
1-22                 (8)  hospitals;
1-23                 (9)  sanitary and storm sewers;
1-24                 (10)  airports;
 2-1                 (11)  waterworks;
 2-2                 (12)  repair garages;
 2-3                 (13)  parks and zoos;
 2-4                 (14)  museums;
 2-5                 (15)  libraries and library maintenance;
 2-6                 (16)  civic, convention centers, or coliseums;
 2-7                 (17)  community, neighborhood, or senior citizen
 2-8     centers;
 2-9                 (18)  operation of emergency ambulance service;
2-10                 (19)  dams and reservoirs;
2-11                 (20)  warning signals;
2-12                 (21)  regulation of traffic;
2-13                 (22)  transportation systems;
2-14                 (23)  recreational facilities, including but not
2-15     limited to swimming pools, beaches, and marinas;
2-16                 (24)  vehicle and motor driven equipment maintenance;
2-17                 (25)  parking facilities;
2-18                 (26)  tax collection;
2-19                 (27)  firework displays;
2-20                 (28)  building codes and inspection;
2-21                 (29)  zoning, planning, and plat approval;
2-22                 (30)  engineering functions;
2-23                 (31)  maintenance of traffic signals, signs, and
2-24     hazards;
2-25                 (32)  water and sewer service;
2-26                 (33)  animal control;
2-27                 (34)  community development or urban renewal activities
 3-1     undertaken by municipalities and authorized under Chapters 373 and
 3-2     374, Local Government Code; [and]
 3-3                 (35)  latchkey programs conducted exclusively on a
 3-4     school campus under an interlocal agreement with the school
 3-5     district in which the school campus is located; and
 3-6                 (36)  enforcement of land use restrictions under
 3-7     Subchapter A, Chapter 230, Local Government Code.
 3-8           SECTION 2. Subchapter A, Chapter 230, Local Government Code,
 3-9     is amended by adding Section 230.007 to read as follows:
3-10           Sec. 230.007.  GOVERNMENTAL FUNCTION. An action filed by a
3-11     municipality under this subchapter to enforce a land use
3-12     restriction is a governmental function of the municipality.
3-13           SECTION 3.  This Act takes effect immediately if it receives
3-14     a vote of two-thirds of all the members elected to each house, as
3-15     provided by Section 39, Article III, Texas Constitution.  If this
3-16     Act does not receive the vote necessary for immediate effect, this
3-17     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2580 was passed by the House on April
         27, 2001, by the following vote:  Yeas 143, Nays 0, 2 present, not
         voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2580 was passed by the Senate on May
         17, 2001, by the following vote:  Yeas 30, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor