By: Wentworth S.B. No. 1017
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. Subsection (a), Section 89.004, Local Government
Code, is amended to read as follows:
(a) A person may not file suit [sue] on a claim against a
county or an elected or appointed county official in the official's
capacity as an appointed or elected official unless the person has
presented the claim to the commissioners court and the
commissioners court neglects or refuses [has neglected or refused]
to pay all or part of the claim before the 60th day after the date of
the presentation of the claim.
SECTION 2. Subchapter A, Chapter 262, Local Government
Code, is amended by adding Section 262.007 to read as follows:
Sec. 262.007. SUIT AGAINST COUNTY ARISING UNDER A CONTRACT.
(a) A county that is a party to a written contract may sue or be
sued, plead or be impleaded, or defend or be defended on a claim
arising under the contract. A suit on a contract brought by a
county shall be brought in the name of the county, and a suit on a
contract brought against a county shall identify the county by
name.
(b) This section does not waive a defense or a limitation on
damages available to a party to a contract, other than a bar against
suit based on sovereign immunity.
SECTION 3. This Act takes effect September 1, 2003.