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By: Hartnett (Senate Sponsor - Watson) |
H.B. No. 1174 |
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(In the Senate - Received from the House April 23, 2009; |
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May 1, 2009, read first time and referred to Committee on |
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Intergovernmental Relations; May 22, 2009, reported adversely, |
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with favorable Committee Substitute by the following vote: Yeas 5, |
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Nays 0; May 22, 2009, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR H.B. No. 1174 |
By: Gallegos |
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A BILL TO BE ENTITLED
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AN ACT
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relating to payment by a municipality or river authority for |
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certain damages caused by the municipality's or river authority's |
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operation of a sanitary sewer system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 552, Local Government |
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Code, is amended by adding Section 552.912 to read as follows: |
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Sec. 552.912. CERTAIN DAMAGES CAUSED BY SEWAGE BACKUP. (a) |
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A municipality or a river authority may pay actual property damages |
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caused by the backup of the municipality's or river authority's |
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sanitary sewer system regardless of whether the municipality or |
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river authority would be liable for the damages under Chapter 101, |
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Civil Practice and Remedies Code. |
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(b) This section does not waive governmental immunity from |
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suit or liability. |
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SECTION 2. Section 552.912, Local Government Code, as added |
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by this Act, applies to damages caused by the backup of a sanitary |
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sewer system on or after March 1, 2007. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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