81R3308 AJA-D
 
  By: Hartnett H.B. No. 1174
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to payment by a municipality for certain damages arising
  from the municipality's operation of its sanitary sewer system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 402, Local Government
  Code, is amended by adding Section 402.912 to read as follows:
         Sec. 402.912.  DAMAGES ARISING FROM SEWAGE BACKUP. A
  municipality may pay damages arising from the backup of the
  municipality's sanitary sewer system regardless of whether the
  municipality would be liable for the damages under Chapter 101,
  Civil Practice and Remedies Code.
         SECTION 2.  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, 2009.