Bill Text: TX SB958 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the liability of certain special-purpose districts or authorities providing water to a purchaser for the generation of electricity.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [SB958 Detail]
Download: Texas-2013-SB958-Enrolled.html
S.B. No. 958 |
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relating to the liability of certain special-purpose districts or | ||
authorities providing water to a purchaser for the generation of | ||
electricity. | ||
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 113 to read as follows: | ||
CHAPTER 113. WATER SUPPLY CONTRACT CLAIM AGAINST LOCAL DISTRICT | ||
OR AUTHORITY | ||
Sec. 113.001. DEFINITIONS. In this chapter: | ||
(1) "Adjudicating a claim" means the bringing of a | ||
civil suit and prosecution to final judgment in court and includes | ||
the bringing of an authorized arbitration proceeding and | ||
prosecution to final resolution in accordance with any mandatory | ||
procedures established in the contract that is the subject of the | ||
dispute under Section 113.002. | ||
(2) "Local district or authority" means a | ||
special-purpose district or authority, including a levee | ||
improvement district, drainage district, irrigation district, | ||
water improvement district, water control and improvement | ||
district, water control and preservation district, fresh water | ||
supply district, navigation district, special utility district, | ||
and river authority, and any conservation and reclamation district. | ||
Sec. 113.002. WAIVER OF IMMUNITY TO SUIT FOR CLAIM | ||
REGARDING WATER SUPPLY CONTRACT. A local district or authority | ||
that enters into a written contract stating the essential terms | ||
under which the local district or authority is to provide water to a | ||
purchaser for use in connection with the generation of electricity | ||
waives sovereign immunity to suit for the purpose of adjudicating a | ||
claim that the local district or authority breached the contract by | ||
not providing water, or access to water, according to the | ||
contract's terms. | ||
Sec. 113.003. REMEDIES. (a) Except as provided by | ||
Subsection (b), remedies awarded in a proceeding adjudicating a | ||
claim under this chapter may include any remedy available for | ||
breach of contract that is not inconsistent with the terms of the | ||
contract, including the cost of cover and specific performance. | ||
(b) Remedies awarded in a proceeding adjudicating a claim | ||
under this chapter may not include consequential or exemplary | ||
damages. | ||
Sec. 113.004. NO WAIVER OF OTHER DEFENSES. This chapter | ||
does not waive a defense or a limitation on damages available to a | ||
party to a contract other than sovereign immunity to suit. | ||
Sec. 113.005. NO WAIVER OF IMMUNITY TO SUIT IN FEDERAL | ||
COURT. This chapter does not waive sovereign immunity to suit in | ||
federal court. | ||
Sec. 113.006. NO WAIVER OF IMMUNITY TO SUIT FOR TORT | ||
LIABILITY. This chapter does not waive sovereign immunity to suit | ||
for a cause of action for a negligent or intentional tort. | ||
Sec. 113.007. NO NEW OR ADDITIONAL WATER RIGHTS. This | ||
chapter does not grant any user of water any new or additional | ||
rights to water or any new or additional priority to water rights. | ||
This chapter does not confer any rights inconsistent with the terms | ||
of the contract that is the subject of a dispute under Section | ||
113.002. | ||
Sec. 113.008. AUTHORITY OF REGULATORY AGENCIES; COMPLIANCE | ||
WITH REGULATORY ORDER. (a) This chapter does not limit the | ||
authority of the Texas Commission on Environmental Quality or any | ||
other state regulatory agency. | ||
(b) Compliance with an order of the Texas Commission on | ||
Environmental Quality or any other state regulatory agency that | ||
expressly curtails water delivery to a specific electric generating | ||
facility is not considered a breach of contract for the purposes of | ||
this chapter. | ||
Sec. 113.009. NO THIRD-PARTY BENEFICIARIES. (a) This | ||
chapter waives sovereign immunity only for the benefit of: | ||
(1) a party to the contract that is the subject of a | ||
dispute under Section 113.002; or | ||
(2) the assignee of a party to the contract, if | ||
assignment of an interest in the contract is permitted by the terms | ||
of the contract. | ||
(b) Except for an assignment described by Subsection | ||
(a)(2), a party authorized by this chapter to sue for a cause of | ||
action of breach of contract may not transfer or assign that cause | ||
of action to any person. | ||
SECTION 2. (a) The change in law made by this Act applies | ||
only to a cause of action that accrues on or after the effective | ||
date of this Act. A cause of action that accrues before the | ||
effective date of this Act is governed by the law in effect | ||
immediately before that date, and that law is continued in effect | ||
for that purpose. | ||
(b) The change in law made by this Act does not waive | ||
sovereign immunity to suit for any claims related to or arising out | ||
of a contract that was the subject of litigation that was | ||
adjudicated or dismissed on the basis of sovereign immunity prior | ||
to the effective date of this Act. | ||
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 hereby certify that S.B. No. 958 passed the Senate on | ||
April 11, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 958 passed the House on | ||
May 20, 2013, by the following vote: Yeas 144, Nays 3, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |