By: Hartnett (Senate Sponsor - Watson) H.B. No. 1174

(In the Senate - Received from the House April 23, 2009; May 1, 2009, read first time and referred to Committee on Intergovernmental Relations; May 22, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 0; May 22, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 1174 By: Gallegos

A BILL TO BE ENTITLED

AN ACT

relating to payment by a municipality or river authority for certain damages caused by the municipality's or river authority's operation of a sanitary sewer system.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter Z, Chapter 552, Local Government Code, is amended by adding Section 552.912 to read as follows:

Sec. 552.912. CERTAIN DAMAGES CAUSED BY SEWAGE BACKUP. (a) A municipality or a river authority may pay actual property damages caused by the backup of the municipality's or river authority's sanitary sewer system regardless of whether the municipality or river authority would be liable for the damages under Chapter 101, Civil Practice and Remedies Code.

(b) This section does not waive governmental immunity from suit or liability.

SECTION 2. Section 552.912, Local Government Code, as added by this Act, applies to damages caused by the backup of a sanitary sewer system on or after March 1, 2007.

SECTION 3. 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.

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