78R5439 ATP-D

By:  Taylor                                                       H.B. No. 1703



A BILL TO BE ENTITLED

AN ACT

relating to notification requirements to maintain a suit against a 
county.  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 89, Local Government Code, is amended by 
adding Section 89.0041 to read as follows:
	Sec. 89.0041.  NOTICE OF SUIT AGAINST COUNTY.  (a)  Not later 
than the end of the next business day after the date on which a 
person files suit against a county, the person shall deliver, by 
personal delivery, written notice to:
		(1)  the county judge;                                                 
		(2)  each county commissioner; and                                     
		(3)  the county or district attorney having 
jurisdiction to defend the county in a civil suit.
	(b)  The written notice must contain:                                   
		(1)  the style and cause number of the suit;                           
		(2)  the court in which the suit was filed; and                        
		(3)  the date on which the suit was filed.                             
	(c)  A person is considered to have delivered notice to an 
officer under Subsection (a) if the person delivers the notice to an 
individual who is working at the place at which the officer 
ordinarily conducts the affairs of the office and whose duties 
include accepting delivery of items addressed to the officer.
	(d)  Subsection (a) does not require a person to deliver 
notice if the position is vacant.
	(e)  If a person does not give notice as required by this 
section, the court in which the suit is filed shall dismiss the suit 
on a motion for dismissal made by the county.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to a suit filed on or after that date.  A suit filed 
before that date is governed by the law in effect when the suit was 
filed, and the former law is continued in effect for that purpose.