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AN ACT
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relating to payment by a municipality or river authority for |
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certain damages caused by the municipality's or river authority's |
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operation of a sanitary sewer system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 552, Local Government |
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Code, is amended by adding Section 552.912 to read as follows: |
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Sec. 552.912. CERTAIN DAMAGES CAUSED BY SEWAGE BACKUP. (a) |
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A municipality or a river authority, other than a river authority |
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listed in Subsection (c), may pay actual property damages caused by |
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the backup of the municipality's or river authority's sanitary |
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sewer system regardless of whether the municipality or river |
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authority would be liable for the damages under Chapter 101, Civil |
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Practice and Remedies Code. |
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(b) This section does not waive governmental immunity from |
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suit or liability. |
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(c) This section does not apply to the Trinity River |
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Authority, the San Jacinto River Authority, the Sabine River |
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Authority, or the Lower Neches Valley River Authority. |
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SECTION 2. Section 552.912, Local Government Code, as added |
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by this Act, applies to damages caused by the backup of a sanitary |
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sewer system on or after March 1, 2007. |
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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, 2009. |
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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. 1174 was passed by the House on April |
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22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1174 on May 29, 2009, by the following vote: Yeas 142, 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. 1174 was passed by the Senate, with |
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amendments, on May 25, 2009, by the following vote: Yeas 31, Nays |
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0. |
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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 |