1-1 By: Bosse (Senate Sponsor - Whitmire) H.B. No. 2580
1-2 (In the Senate - Received from the House April 30, 2001;
1-3 May 1, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 9, 2001, reported favorably by the
1-5 following vote: Yeas 6, Nays 0; May 9, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to establishing the enforcement of land use restrictions
1-9 as a governmental function of a municipality.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 101.0215(a), Civil Practice and Remedies
1-12 Code, is amended to read as follows:
1-13 (a) A municipality is liable under this chapter for damages
1-14 arising from its governmental functions, which are those functions
1-15 that are enjoined on a municipality by law and are given it by the
1-16 state as part of the state's sovereignty, to be exercised by the
1-17 municipality in the interest of the general public, including but
1-18 not limited to:
1-19 (1) police and fire protection and control;
1-20 (2) health and sanitation services;
1-21 (3) street construction and design;
1-22 (4) bridge construction and maintenance and street
1-23 maintenance;
1-24 (5) cemeteries and cemetery care;
1-25 (6) garbage and solid waste removal, collection, and
1-26 disposal;
1-27 (7) establishment and maintenance of jails;
1-28 (8) hospitals;
1-29 (9) sanitary and storm sewers;
1-30 (10) airports;
1-31 (11) waterworks;
1-32 (12) repair garages;
1-33 (13) parks and zoos;
1-34 (14) museums;
1-35 (15) libraries and library maintenance;
1-36 (16) civic, convention centers, or coliseums;
1-37 (17) community, neighborhood, or senior citizen
1-38 centers;
1-39 (18) operation of emergency ambulance service;
1-40 (19) dams and reservoirs;
1-41 (20) warning signals;
1-42 (21) regulation of traffic;
1-43 (22) transportation systems;
1-44 (23) recreational facilities, including but not
1-45 limited to swimming pools, beaches, and marinas;
1-46 (24) vehicle and motor driven equipment maintenance;
1-47 (25) parking facilities;
1-48 (26) tax collection;
1-49 (27) firework displays;
1-50 (28) building codes and inspection;
1-51 (29) zoning, planning, and plat approval;
1-52 (30) engineering functions;
1-53 (31) maintenance of traffic signals, signs, and
1-54 hazards;
1-55 (32) water and sewer service;
1-56 (33) animal control;
1-57 (34) community development or urban renewal activities
1-58 undertaken by municipalities and authorized under Chapters 373 and
1-59 374, Local Government Code; [and]
1-60 (35) latchkey programs conducted exclusively on a
1-61 school campus under an interlocal agreement with the school
1-62 district in which the school campus is located; and
1-63 (36) enforcement of land use restrictions under
1-64 Subchapter A, Chapter 230, Local Government Code.
2-1 SECTION 2. Subchapter A, Chapter 230, Local Government Code,
2-2 is amended by adding Section 230.007 to read as follows:
2-3 Sec. 230.007. GOVERNMENTAL FUNCTION. An action filed by a
2-4 municipality under this subchapter to enforce a land use
2-5 restriction is a governmental function of the municipality.
2-6 SECTION 3. This Act takes effect immediately if it receives
2-7 a vote of two-thirds of all the members elected to each house, as
2-8 provided by Section 39, Article III, Texas Constitution. If this
2-9 Act does not receive the vote necessary for immediate effect, this
2-10 Act takes effect September 1, 2001.
2-11 * * * * *