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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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