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A BILL TO BE ENTITLED
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AN ACT
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relating to governmental immunity for and adjudication of claims |
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arising from a local governmental entity's disaster recovery |
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contract. |
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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 115 to read as follows: |
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CHAPTER 115. MUNICIPAL LIABILITY |
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Sec. 115.0001. DISASTER RECOVERY AS GOVERNMENTAL FUNCTION. |
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(a) A municipality performs a governmental function if, after a |
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declaration of a disaster under Section 418.014, Government Code, |
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the municipality enters into a contract for a purpose related to |
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disaster recovery or takes an action under that contract. |
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(b) A municipality has governmental immunity to suit and |
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from liability for a cause of action arising from a governmental |
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function described by this section. |
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SECTION 2. Subchapter I, Chapter 271, Local Government |
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Code, is amended by adding Section 271.1515 to read as follows: |
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Sec. 271.1515. APPLICABILITY OF SUBCHAPTER. This |
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subchapter does not apply to a contract with a local governmental |
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entity that: |
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(1) arises from a declaration of a disaster under |
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Section 418.014, Government Code; and |
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(2) primarily spends state or federal funds on goods |
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and services that: |
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(A) benefit private citizens or private property |
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located in the entity in recovering from the disaster; and |
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(B) do not benefit the entity. |
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SECTION 3. Section 115.0001, Civil Practice and Remedies |
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Code, as added by this Act, and Section 271.1515, Local Government |
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Code, as added by this Act, apply only to a contract entered into or |
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action taken under the contract 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. |