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By: Cyrier, Isaac (Senate Sponsor - Watson) |
H.B. No. 3163 |
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(In the Senate - Received from the House May 18, 2015; |
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May 18, 2015, read first time and referred to Committee on State |
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Affairs; May 24, 2015, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 9, Nays 0; |
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May 24, 2015, sent to printer.) |
Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR H.B. No. 3163 |
By: Ellis |
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A BILL TO BE ENTITLED
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AN ACT
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relating to civil suits filed against board members of a |
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groundwater conservation district and the liability of a member for |
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certain actions taken by the board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.060, Water Code, is amended by adding |
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Subsection (e) to read as follows: |
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(e) For liability purposes only, a director is considered a |
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district employee under Chapter 101, Civil Practice and Remedies |
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Code, even if the director does not receive fees of office |
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voluntarily, by district policy, or through a statutory exception |
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to this section. |
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SECTION 2. Section 36.066(a), Water Code, is amended to |
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read as follows: |
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(a) A district may sue and be sued in the courts of this |
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state in the name of the district by and through its board. A |
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district board member is immune from suit and immune from liability |
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for official votes and official actions. To the extent an official |
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vote or official action conforms to laws relating to conflicts of |
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interest, abuse of office, or constitutional obligations, this |
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subsection provides immunity for those actions. All courts shall |
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take judicial notice of the creation of the district and of its |
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boundaries. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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