| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the waiver of sovereign immunity from certain suits by |
|
|
certain municipalities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 272, Local Government Code, is amended |
|
|
by adding Section 272.006 to read as follows: |
|
|
Sec. 272.006. WAIVER OF IMMUNITY FROM CERTAIN SUITS BY |
|
|
CERTAIN MUNICIPALITIES. (a) This section applies only to a |
|
|
home-rule municipality with a population of less than 30,000 that |
|
|
is located in a county with a population of less than 140,000. |
|
|
(b) A municipality waives sovereign immunity from suit for |
|
|
the purpose of adjudicating a claim for breach of contract if the |
|
|
municipality enters into a contract with a private entity for the |
|
|
sale or conveyance of not less than 400 or more than 1,000 acres of |
|
|
land that was acquired by the municipality from an agency of the |
|
|
United States. |
|
|
(c) A plaintiff who prevails in an action brought under this |
|
|
section against a municipality is entitled only to specific |
|
|
performance of the terms of the contract, reasonable attorney's |
|
|
fees, and costs of court. |
|
|
SECTION 2. The change in law made by Section 272.006, Local |
|
|
Government Code, as added by this Act, applies only to a contract |
|
|
entered into on or after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2009. |