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A BILL TO BE ENTITLED
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AN ACT
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relating to the waiver of governmental immunity of a county or |
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sheriff's department for claims arising from a final decision of |
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certain civil service commissions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 158, Local Government |
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Code, is amended by adding Section 158.016 to read as follows: |
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Sec. 158.016. GOVERNMENTAL IMMUNITY WAIVED. (a) An |
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employee may file suit in district court for a writ of mandamus to |
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compel the county or, if applicable, the sheriff's department of |
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the county that employs the employee to comply with a final decision |
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of the commission established for the county or an order of a |
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district court under Section 158.012 that awards back pay or |
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another monetary benefit to the employee. |
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(b) Governmental immunity of a county or a sheriff's |
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department, as applicable, from suit and liability is waived only |
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to the extent necessary to enforce the final decision or order |
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described by Subsection (a). |
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(c) The court may award reasonable attorney's fees and court |
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costs to the prevailing party in a suit brought under this section. |
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SECTION 2. Subchapter B, Chapter 158, Local Government |
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Code, is amended by adding Section 158.041 to read as follows: |
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Sec. 158.041. GOVERNMENTAL IMMUNITY WAIVED. (a) An |
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employee may file suit in district court for a writ of mandamus to |
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compel the county and the sheriff's department of the county that |
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employs the employee to comply with a final decision of the |
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commission established for the county or an order of a district |
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court under Section 158.037 that awards back pay or another |
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monetary benefit to the employee. |
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(b) Governmental immunity of a county or a sheriff's |
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department, as applicable, from suit and liability is waived only |
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to the extent necessary to enforce the final decision or order |
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described by Subsection (a). |
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(c) The court may award reasonable attorney's fees and court |
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costs to the prevailing party in a suit brought under this section. |
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SECTION 3. The changes in law made by this Act apply to a |
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final decision of a civil service commission or an order of a |
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district court issued before, on, or after the effective date of |
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this Act. |
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SECTION 4. 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, 2019. |