| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the governmental immunity of certain conservation and |
|
|
reclamation districts with respect to proceedings to exercise the |
|
|
power of eminent domain over real property interests of the |
|
|
districts. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 36, Water Code, is amended |
|
|
by adding Section 36.1055 to read as follows: |
|
|
Sec. 36.1055. GOVERNMENTAL IMMUNITY WAIVED FOR CERTAIN REAL |
|
|
PROPERTY. (a) Governmental immunity of a district is waived with |
|
|
respect to a proceeding to exercise the power of eminent domain over |
|
|
a real property interest of the district. |
|
|
(b) This section prevails over a special law governing a |
|
|
district or any other statute. |
|
|
SECTION 2. Subchapter H, Chapter 49, Water Code, is amended |
|
|
by adding Section 49.2225 to read as follows: |
|
|
Sec. 49.2225. GOVERNMENTAL IMMUNITY WAIVED FOR CERTAIN REAL |
|
|
PROPERTY. (a) Governmental immunity of a district is waived with |
|
|
respect to a proceeding to exercise the power of eminent domain over |
|
|
a real property interest of the district. |
|
|
(b) Notwithstanding Section 49.002, this section prevails |
|
|
over a special law governing a district or any other statute. |
|
|
SECTION 3. The legislature intends that the passage of this |
|
|
Act codifies settled common law that holds that the governmental |
|
|
immunity of a water district is waived with respect to a proceeding |
|
|
to exercise the power of eminent domain over a real property |
|
|
interest of the district. |
|
|
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, 2023. |