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A BILL TO BE ENTITLED
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AN ACT
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relating to the immunity from individual liability of directors of |
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soil and water conservation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 201, Subchapter C, Agriculture Code, is |
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amended to add Section 201.0751 as follows: |
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Sec. 201.0751. INDIVIDUAL LIABILITY OF DIRECTORS. (a) A |
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director is not individually liable for any act that is incident to |
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or within the scope of duties of the director's position and that |
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involves the exercise of judgement or discretion on the part of the |
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director. |
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(b) If a suit is filed against a director in their |
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individual capacity based on conduct within the scope of that |
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director's position, the suit is considered to be against the |
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director in the director's official capacity only. On the |
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director's motion, the suit against the director shall be dismissed |
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unless the plaintiff files amended pleadings dismissing the |
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director and naming the district as defendant on or before the 30th |
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day after the date the motion is filed. |
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SECTION 2. IMMEDIATE EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2007. |