79R10214 MXM-F
By: West H.B. No. 1587
Substitute the following for H.B. No. 1587:
By: Bailey C.S.H.B. No. 1587
A BILL TO BE ENTITLED
AN ACT
relating to liability and validation issues of the Downtown Midland
Management District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7(a), Chapter 1160, Acts of the 78th
Legislature, Regular Session, 2003, is amended to read as follows:
(a) Except as otherwise provided by this Act, Chapter 375,
Local Government Code, applies to the district. The application of
Chapter 375 to the district does not waive sovereign or other
governmental immunity for the district, except as provided by
Chapter 101, Civil Practice and Remedies Code.
SECTION 2. Chapter 1160, Acts of the 78th Legislature,
Regular Session, 2003, is amended by adding Sections 35 and 36 to
read as follows:
Sec. 35. IMMUNITY FROM LIABILITY. The district, a
director, or a district employee is not liable for damages arising
out of the performance of a governmental function of the district,
except as provided by Chapter 101, Civil Practice and Remedies
Code.
Sec. 36. VALIDATION. (a) All governmental acts and
proceedings of the district since the creation or attempted
creation of the district are validated as of the dates on which they
occurred.
(b) This section does not apply to any matter that on the
effective date of the Act enacting this section:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.