S.B. No. 1575
 
 
 
 
AN ACT
  relating to governmental immunity for and adjudication of claims
  arising from a local governmental entity's disaster recovery
  contract.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 5, Civil Practice and Remedies Code, is
  amended by adding Chapter 115 to read as follows:
  CHAPTER 115. MUNICIPAL LIABILITY
         Sec. 115.0001.  DISASTER RECOVERY AS GOVERNMENTAL FUNCTION.
  (a)  A municipality performs a governmental function if, after a
  declaration of a disaster under Section 418.014, Government Code,
  the municipality enters into a contract for a purpose related to
  disaster recovery or takes an action under that contract.
         (b)  A municipality has governmental immunity to suit and
  from liability for a cause of action arising from a governmental
  function described by this section.
         SECTION 2.  Subchapter I, Chapter 271, Local Government
  Code, is amended by adding Section 271.1515 to read as follows:
         Sec. 271.1515.  APPLICABILITY OF SUBCHAPTER. This
  subchapter does not apply to a contract with a local governmental
  entity that:
               (1)  arises from a declaration of a disaster under
  Section 418.014, Government Code;
               (2)  is not for nonresidential engineering,
  architectural, or construction services or goods related to those
  services; and
               (3)  primarily spends state or federal funds on goods
  and services that:
                     (A)  benefit private citizens or private property
  located in the entity in recovering from the disaster; and
                     (B)  do not benefit the entity.
         SECTION 3.  Section 115.0001, Civil Practice and Remedies
  Code, as added by this Act, and Section 271.1515, Local Government
  Code, as added by this Act, apply only to a contract entered into or
  action taken under the contract on or after the effective date of
  this Act.
         SECTION 4.  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, 2019.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1575 passed the Senate on
  April 16, 2019, by the following vote: Yeas 30, Nays 1; and that
  the Senate concurred in House amendment on May 21, 2019, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1575 passed the House, with
  amendment, on May 17, 2019, by the following vote: Yeas 141,
  Nays 2, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor