| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the waiving of sovereign immunity by certain |
|
|
municipalities for certain suits. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Add Section 272.006 to Local Government Code as |
|
|
follows: |
|
|
Sec. 272.006. WAIVER OF SOVEREIGN IMMUNITY BY CERTAIN |
|
|
MUNICIPALITIES FOR CERTAIN SUITS. |
|
|
(a) This section applies only to a home-rule municipality |
|
|
with a population of less than 30,000 in a county with a population |
|
|
of less than 140,000 that enters into a contract with a |
|
|
nongovernmental entity for the sale or conveyance of more than 400 |
|
|
acres and less than 1,000 acres of land which the municipality |
|
|
acquires from an agency or department of the United States |
|
|
government. |
|
|
(b) A municipality to which this section applies waives |
|
|
sovereign immunity to suit for the purpose of adjudicating a claim |
|
|
for the specific performance of a contract entered into by the |
|
|
municipality for the sale, purchase or exchange of not greater than |
|
|
1,000 acres nor less than 400 acres of land which the municipality |
|
|
has acquired from an agency or department of the United States. |
|
|
(c) Relief in an adjudication brought against a |
|
|
municipality to which this section applies is limited to the |
|
|
following: |
|
|
(1) Specific performance of the terms of the contract; |
|
|
(2) Costs of court; and |
|
|
(3) Attorney's fees. |
|
|
SECTION 2. This Act takes effect September 1, 2009. |