78R5924 ATP-F
By: Nixon H.B. No. 1898
A BILL TO BE ENTITLED
AN ACT
relating to the ability of a county to sue and be sued.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 89.004, Local Government Code, is
amended to read as follows:
Sec. 89.004. SUIT AGAINST COUNTY; PRESENTATION OF
CLAIM. (a) A county may sue or be sued, plead or be impleaded, or
defend or be defended in any court. A suit brought by a county shall
be brought in the name of the county, and a suit brought against a
county shall identify the county by name.
(b) A person may not sue on a claim against a county unless
the person has presented the claim to the commissioners court and
the commissioners court has neglected or refused to pay all or part
of the claim.
[(b)] If the plaintiff in a suit against a county does not
recover more than the commissioners court offered to pay on
presentation of the claim, the plaintiff shall pay the costs of the
suit.
SECTION 2. This Act takes effect September 1, 2003.