By: Watson S.B. No. 1140
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to payment by a water control and improvement district for
  certain damages caused by the district's operation of a sanitary
  sewer system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 51, Water Code, is amended
  by adding Section 51.340 to read as follows:
         Sec. 51.340.  CERTAIN DAMAGES CAUSED BY SEWAGE BACKUP.
  (a)  A district may pay actual property damages caused by the
  backup of the district's sanitary sewer system regardless of
  whether the district would be liable for the damages under Chapter
  101, Civil Practice and Remedies Code.
         (b)  This section does not waive governmental immunity from
  suit or liability.
         SECTION 2.  Section 51.340, Water Code, as added by this Act,
  applies only to damages caused by the backup of a sanitary sewer
  system on or after September 1, 2011.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.