SRC-TJG S.C.R. 34 78(R)   BILL ANALYSIS


Senate Research Center   S.C.R. 34
78R8162 DLF-DBy: Wentworth
Jurisprudence
4/6/2003
As Filed


DIGEST

Henry Aratow, James Drinkard, Minerva Drinkard, Peter Kopels, Trudy
Leggett, and Tamila Seal allege that the City of Austin is responsible for
the maintenance and inspection of a regional detention stormwater
management pond, designated as pond #342, for the Slaughter Creek
Watershed, in accordance with the City of Austin's Drainage Criteria
Manual.  On November 14 and 15, 2001, a mild to moderate rainfall fell in
Hays and Travis counties, Texas, followed by heavy rainfall on the
afternoon of November 15, 2001, and because the drainage grate for pond
#342 was improperly constructed, the City of Austin failed to timely
remove debris from the pond, and an embankment of the pond was too short,
the pond flooded on November 15, 2001. The flooding of the pond resulted
in flooding in the Tanglewood Forest Subdivision, causing significant
damage, including loss of life.  The City of Austin failed to maintain and
inspect pond #342 in accordance with the city's Drainage Criteria Manual,
including applicable safety criteria, and was aware of dangerous
conditions resulting from this failure before and during the flooding on
November 15, 2001.  During the flooding on November 15, 2001, the City of
Austin failed to place barricades across certain areas affected by the
flooding, and, as a result of this failure, Nathan Leggett was killed
after attempting to drive through the intersection of Alcott Lane and
Gwendolyn Lane in the Tanglewood Forest Subdivision.  The City of Austin's
negligence in maintaining and inspecting pond #342 resulted in bodily
injury, death, and property damage for which Henry Aratow, James Drinkard,
Minerva Drinkard, Peter Kopels, Trudy Leggett, and Tamila Seal are
entitled to recover damages. 

PURPOSE

Provides that Henry Aratow, James Drinkard, Minerva Drinkard, Peter
Kopels, Trudy Leggett, and Tamila Seal are granted permission to sue the
City of Austin in the manner described for a suit against the state under
Chapter 107, Civil Practice and Remedies Code, and that the mayor of the
City of Austin be served process.