SRC-LBB S.B. 1017 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1017
78R5924 ATP-FBy: Wentworth
Jurisprudence
3/28/2003
As Filed


DIGEST AND PURPOSE 

In May 2002, the Texas Supreme Court held that Section 89.004, Local
Government Code, does not clearly and unambiguously waive immunity from
suit for claims against counties.  As proposed, S.B. 1017 adds Subsection
(a) to Section 89.004, Local Government Code, to clearly state that a
county may sue or be sued. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 89.004, Local Government Code, as follows:

Sec.  89.004.  New heading:  SUIT AGAINST COUNTY; PRESENTATION OF CLAIM.
(a) Authorizes a county to sue or be sued, plead or be impleaded, or
defend or be defended in any court.  Requires a suit brought by a county
to be brought in the name of the county, and a suit brought against a
county to identify the county by name. 

(b)  Redesignated from a portion of Subsection (a) and combined with
existing Subsection(b). 

SECTION 2.  Effective date:  September 1, 2003.