By:  West (Senate Sponsor - Seliger)                              H.B. No. 1587
	(In the Senate - Received from the House April 13, 2005; 
April 14, 2005, read first time and referred to Committee on 
Intergovernmental Relations; May 12, 2005, reported favorably by 
the following vote:  Yeas 4, Nays 1; May 12, 2005, sent to 
printer.)


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.



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