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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of certain special-purpose districts or |
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authorities providing water to a purchaser for the generation of |
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electricity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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amended by adding Chapter 113 to read as follows: |
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CHAPTER 113. WATER SUPPLY CONTRACT CLAIM AGAINST LOCAL DISTRICT OR |
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AUTHORITY |
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Sec. 113.001. DEFINITIONS. In this chapter: |
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(1) "Adjudicating a claim" means the bringing of a |
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civil suit and prosecution to final judgment in court and includes |
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the bringing of an authorized arbitration proceeding and |
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prosecution to final resolution in accordance with any mandatory |
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procedures established in the contract that is the subject of the |
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dispute under Section 113.002. |
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(2) "Local district or authority" means a |
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special-purpose district or authority, including a levee |
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improvement district, drainage district, irrigation district, |
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water improvement district, water control and improvement |
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district, water control and preservation district, fresh water |
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supply district, navigation district, special utility district, |
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and river authority, and any conservation and reclamation district. |
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Sec. 113.002. WAIVER OF IMMUNITY TO SUIT FOR CLAIM |
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REGARDING WATER SUPPLY CONTRACT. A local district or authority |
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that enters into a written contract stating the essential terms |
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under which the local district or authority is to provide water to a |
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purchaser for use in connection with the generation of electricity |
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waives sovereign immunity to suit for the purpose of adjudicating a |
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claim that the local district or authority breached the contract by |
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not providing water, or access to water, according to the |
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contract's terms. |
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Sec. 113.003. REMEDIES. Notwithstanding any limitation |
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established under any other provision of law, remedies awarded in a |
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proceeding adjudicating a claim under this chapter may include any |
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remedy available at law or in equity for breach of contract. |
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Sec. 113.004. NO NEW OR ADDITIONAL WATER RIGHTS. This |
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chapter does not grant any user of water any new or additional |
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rights to water or any new or additional priority to water rights. |
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This chapter provides only a means to enforce rights conferred by |
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the terms of the contract that is the subject of a dispute under |
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Section 113.002. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |