By:  Nixon (Senate Sponsor - Ellis)                               H.B. No. 2988
	(In the Senate - Received from the House May 13, 2005; 
May 16, 2005, read first time and referred to Committee on State 
Affairs; May 20, 2005, reported favorably by the following vote:  
Yeas 8, Nays 0; May 20, 2005, sent to printer.)


A BILL TO BE ENTITLED

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.                           



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