Bill Text: TX HB64 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the liability of and the validation of certain acts of the Midland County Fresh Water Supply District No. 1.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2013-06-14 - Effective immediately [HB64 Detail]

Download: Texas-2013-HB64-Enrolled.html

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H.B. No. 64

AN ACT
relating to the liability of and the validation of certain acts of
the Midland County Fresh Water Supply District No. 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 6, Special District Local Laws
Code, is amended by adding Chapter 6909 to read as follows:
CHAPTER 6909. MIDLAND COUNTY FRESH WATER SUPPLY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 6909.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of supervisors.
(2) "District" means the Midland County Fresh Water
Supply District No. 1.
(3) "Supervisor" means a board member.
Sec. 6909.002. TORT LIABILITY. (a) The district is a
governmental unit under Chapter 101, Civil Practice and Remedies
Code, and the operations of the district are essential government
functions and are not proprietary functions for any purpose,
including the application of that chapter.
(b) The district, a supervisor, or a district employee is
not liable for damages arising out of the performance of a
governmental function of the district, except as provided by
Chapter 101, Civil Practice and Remedies Code.
Sec. 6909.003. NO LIABILITY FOR JOINT ENTERPRISE. The
common law doctrine of vicarious liability because of participation
in a joint enterprise does not impose liability on the district or a
municipality that contracts with the district for a claim brought
under Chapter 101, Civil Practice and Remedies Code.
Sec. 6909.004. MANDATORY VENUE. Venue for an action
brought against the district is in Midland County.
SECTION 2. (a) All governmental and proprietary actions
and proceedings of the Midland County Fresh Water Supply District
No. 1 taken before the effective date of this Act relating to the
selection of the district as the developer of the T-Bar Ranch water
supply and the associated construction necessary for delivery of
water from the T-Bar Ranch to the City of Midland are validated,
ratified, and confirmed in all respects as of the dates on which
they occurred.
(b) All agreements between the Midland County Fresh Water
Supply District No. 1 and the City of Midland are validated as of
the dates on which they occurred.
(c) All revenue refunding bonds, revenue notes, or other
obligations issued by the district are validated as of the dates on
which they were issued.
(d) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 3. 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, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 64 was passed by the House on April
18, 2013, by the following vote: Yeas 143, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 64 was passed by the Senate on May 15,
2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor