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H.B. No. 2988
AN ACT
relating to waiver of sovereign immunity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 311.034, Government Code, is amended to
read as follows:
Sec. 311.034. WAIVER OF SOVEREIGN IMMUNITY. In order to
preserve the legislature's interest in managing state fiscal
matters through the appropriations process, a statute shall not be
construed as a waiver of sovereign immunity unless the waiver is
effected by clear and unambiguous language. In a statute, the use
of "person," as defined by Section 311.005 to include governmental
entities, does not indicate legislative intent to waive sovereign
immunity unless the context of the statute indicates no other
reasonable construction. Statutory prerequisites to a suit,
including the provision of notice, are jurisdictional requirements
in all suits against a governmental entity.
SECTION 2. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2988 was passed by the House on May
12, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2988 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor