81R10361 CAE-D
 
  By: Carona S.B. No. 1457
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a waiver of sovereign or governmental immunity by
  governmental entities that fail to make a timely payment under the
  Prompt Payment Act.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 2251, Government Code, is
  amended by adding Section 2251.056 to read as follows:
         Sec. 2251.056.  WAIVER OF IMMUNITY.  A governmental entity
  that fails to make an invoice payment to a vendor in the time
  prescribed by this chapter waives sovereign or governmental
  immunity from suit by the vendor to collect the invoice payment,
  interest and attorney's fees due under this chapter, or any other
  amount due under this chapter.
         SECTION 2.  The change in law made by this Act applies only
  to a cause of action that accrues on or after the effective date of
  this Act. A cause of action that accrues before the effective date
  of this Act is governed by the law in effect immediately before that
  date, and that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2009.