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A BILL TO BE ENTITLED
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AN ACT
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relating to immunity of the state and state agencies and employees |
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of the state and state agencies from suit by certain public |
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entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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amended by adding Chapter 113 to read as follows: |
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CHAPTER 113. IMMUNITY FROM SUIT BY PUBLIC ENTITIES |
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Sec. 113.001. DEFINITIONS. In this chapter: |
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(1) "Employee" includes an officer, volunteer, or |
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employee or a former officer, volunteer, or employee of the state or |
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a state agency. The term includes a member of a governing board. |
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(2) "Public entity" means a political subdivision of |
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this state, including a city, county, school district, junior |
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college district, levee improvement district, drainage district, |
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irrigation district, water improvement district, water control and |
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improvement district, water control and preservation district, |
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freshwater supply district, navigation district, conservation and |
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reclamation district, soil conservation district, communication |
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district, public health district, or river authority. |
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(3) "State agency" means any of the agencies of |
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government that collectively constitute the government of this |
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state, including other agencies bearing different designations, |
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and all departments, bureaus, boards, commissions, offices, |
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agencies, councils, and courts. |
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Sec. 113.002. IMMUNITY FROM SUIT. A public entity may not |
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bring an action for damages or other relief, including a |
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declaratory judgment, against: |
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(1) the state or a state agency; or |
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(2) an employee of the state or a state agency for an |
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act or omission of the employee in the course and scope of the |
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employee's employment with the state or state agency. |
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SECTION 2. This Act applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrues before the effective date of this Act is |
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governed by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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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. |