By Bosse H.B. No. 2580
77R8581 PAM-D
A BILL TO BE ENTITLED
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.