| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the liability of and the validation of certain acts of |
|
|
the Midland County Fresh Water Supply District No. 1. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle B, Title 6, Special District Local Laws |
|
|
Code, is amended by adding Chapter 6909 to read as follows: |
|
|
CHAPTER 6909. MIDLAND COUNTY FRESH WATER SUPPLY DISTRICT NO. 1 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 6909.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of supervisors. |
|
|
(2) "District" means the Midland County Fresh Water |
|
|
Supply District No. 1. |
|
|
(3) "Supervisor" means a board member. |
|
|
Sec. 6909.002. TORT LIABILITY. (a) The district is a |
|
|
governmental unit under Chapter 101, Civil Practice and Remedies |
|
|
Code, and the operations of the district are essential government |
|
|
functions and are not proprietary functions for any purpose, |
|
|
including the application of that chapter. |
|
|
(b) The district, a supervisor, or a district employee is |
|
|
not liable for damages arising out of the performance of a |
|
|
governmental function of the district, except as provided by |
|
|
Chapter 101, Civil Practice and Remedies Code. |
|
|
Sec. 6909.003. NO LIABILITY FOR JOINT ENTERPRISE. The |
|
|
common law doctrine of vicarious liability because of participation |
|
|
in a joint enterprise does not impose liability on the district or a |
|
|
municipality that contracts with the district for a claim brought |
|
|
under Chapter 101, Civil Practice and Remedies Code. |
|
|
Sec. 6909.004. MANDATORY VENUE. Venue for an action |
|
|
brought against the district is in Midland County. |
|
|
SECTION 2. (a) All governmental and proprietary actions |
|
|
and proceedings of the Midland County Fresh Water Supply District |
|
|
No. 1 taken before the effective date of this Act relating to the |
|
|
selection of the district as the developer of the T-Bar Ranch water |
|
|
supply and the associated construction necessary for delivery of |
|
|
water from the T-Bar Ranch to the City of Midland are validated, |
|
|
ratified, and confirmed in all respects as of the dates on which |
|
|
they occurred. |
|
|
(b) All agreements between the Midland County Fresh Water |
|
|
Supply District No. 1 and the City of Midland are validated as of |
|
|
the dates on which they occurred. |
|
|
(c) All revenue refunding bonds, revenue notes, or other |
|
|
obligations issued by the district are validated as of the dates on |
|
|
which they were issued. |
|
|
(d) This section does not apply to any matter that on the |
|
|
effective date of this Act: |
|
|
(1) is involved in litigation if the litigation |
|
|
ultimately results in the matter being held invalid by a final court |
|
|
judgment; or |
|
|
(2) has been held invalid by a final court judgment. |
|
|
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, 2013. |