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AN ACT
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relating to the waiver of sovereign immunity of a political |
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subdivision for claims brought by certain employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 180, Local Government Code, is amended |
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by adding Section 180.006 to read as follows: |
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Sec. 180.006. SOVEREIGN OR GOVERNMENTAL IMMUNITY WAIVED FOR |
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CERTAIN CLAIMS. (a) This section applies only to a firefighter or |
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police officer covered by: |
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(1) Chapter 141, 142, or 143 or this chapter; |
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(2) a municipal charter provision conferring civil |
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service benefits of a municipality that has not adopted Chapter |
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143; or |
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(3) a municipal ordinance enacted under Chapter 142 or |
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143. |
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(b) A firefighter or police officer described by Subsection |
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(a) who alleges the employing municipality's denial of monetary |
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benefits associated with the recovery of back pay authorized under |
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a provision listed in Subsection (a) or a firefighter described by |
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Subsection (a) who alleges the denial of monetary civil penalties |
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associated with recovery of back pay owed under Section 143.134(h) |
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may seek judicial review of such denial only as provided in |
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Subsections (e) and (f), provided that if there is no applicable |
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grievance, administrative or contractual appeal procedure |
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available under Subsection (e), the firefighter or police officer |
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may file suit against the employing municipality directly in |
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district court under the preponderance of the evidence standard of |
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review. |
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(c) Sovereign and governmental immunity of the employing |
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municipality from suit and liability is waived only to the extent of |
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liability for the monetary benefits or monetary civil penalties |
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described by Subsection (b). This section does not waive sovereign |
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or governmental immunity from suit or liability for any other |
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claim, including a claim involving negligence, an intentional tort, |
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or a contract unless otherwise provided by the statute. |
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(d) This section does not: |
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(1) grant immunity from suit to a local governmental |
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entity; |
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(2) waive a defense or a limitation on damages, |
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attorney's fees, or costs available to a party to a suit under this |
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chapter or another statute, including a statute listed in |
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Subsection (a)(1); or |
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(3) modify an agreement under Chapter 142, 143, or |
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174. |
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(e) Before seeking judicial review as provided by |
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Subsection (b), a firefighter or police officer must initiate |
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action pursuant to any applicable grievance or administrative |
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appeal procedures prescribed by state statute or agreement and must |
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exhaust the grievance or administrative appeal procedure. |
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(f) If judicial review is authorized under statute, |
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judicial review of the grievance or administrative appeal decision |
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is under the substantial evidence rule, unless a different standard |
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of review is provided by the provision establishing the grievance |
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or administrative appeal procedure. |
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(g) This section does not apply to an action asserting a |
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right or claim based wholly or partly, or directly or indirectly, on |
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a referendum election held before January 1, 1980, or an ordinance |
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or resolution implementing the referendum. |
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SECTION 2. Subchapter A, Chapter 174, Local Government |
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Code, is amended by adding Section 174.008 to read as follows: |
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Sec. 174.008. WAIVER OF IMMUNITY. This chapter is binding |
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and enforceable against the employing public employer, and |
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sovereign or governmental immunity from suit and liability is |
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waived only to the extent necessary to enforce this chapter against |
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that employer. |
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SECTION 3. Section 180.006, Local Government Code, as added |
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by this Act, applies only to a claim under Subsection (b) of that |
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section initially asserted on or after the effective date of this |
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Act. A claim initially asserted before the effective date of this |
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Act is governed by the law in effect when the claim was initially |
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asserted, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. 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, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1473 was passed by the House on May 1, |
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2007, by the following vote: Yeas 143, Nays 1, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1473 on May 25, 2007, by the following vote: Yeas 136, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1473 was passed by the Senate, with |
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amendments, on May 22, 2007, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |