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A BILL TO BE ENTITLED
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AN ACT
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relating to governmental immunity of a municipality for a cause of |
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action arising from a disaster recovery 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 418.014, Government Code, the |
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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. Section 115.0001, Civil Practice and Remedies |
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Code, as added by this Act, applies only to a contract entered into |
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or action taken under the contract on or after the effective date of |
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this Act. |
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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, 2019. |