H.B. No. 2988




AN ACT

relating to waiver of sovereign immunity.                                     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 311.034, Government Code, is amended to 
read as follows: 
	Sec. 311.034.  WAIVER OF SOVEREIGN IMMUNITY.  In order to 
preserve the legislature's interest in managing state fiscal 
matters through the appropriations process, a statute shall not be 
construed as a waiver of sovereign immunity unless the waiver is 
effected by clear and unambiguous language.  In a statute, the use 
of "person," as defined by Section 311.005 to include governmental 
entities, does not indicate legislative intent to waive sovereign 
immunity unless the context of the statute indicates no other 
reasonable construction.  Statutory prerequisites to a suit, 
including the provision of notice, are jurisdictional requirements 
in all suits against a governmental entity.
	SECTION 2.  This Act takes effect September 1, 2005.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 2988 was passed by the House on May 
12, 2005, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 2988 was passed by the Senate on May 
25, 2005, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor