Bill Text: TX SB1575 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to governmental immunity for and adjudication of claims arising from a local governmental entity's disaster recovery contract.
Sponsorship: Slight Partisan Bill (Republican 2-1)
Status: (Vetoed) 2019-06-15 - Vetoed by the Governor [SB1575 Detail]
Download: Texas-2019-SB1575-Enrolled.html
| S.B. No. 1575 | ||
|
|
||
| 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 | ||
