Bill Text: TX HB64 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the liability of and the validation of certain acts of the Midland County Fresh Water Supply District No. 1.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [HB64 Detail]
Download: Texas-2013-HB64-Comm_Sub.html
Bill Title: Relating to the liability of and the validation of certain acts of the Midland County Fresh Water Supply District No. 1.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [HB64 Detail]
Download: Texas-2013-HB64-Comm_Sub.html
By: Craddick (Senate Sponsor - Seliger) | H.B. No. 64 | |
(In the Senate - Received from the House April 22, 2013; | ||
April 24, 2013, read first time and referred to Committee on | ||
Intergovernmental Relations; May 10, 2013, reported favorably by | ||
the following vote: Yeas 5, Nays 0; May 10, 2013, sent to | ||
printer.) |
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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. | ||
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