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