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AN ACT
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relating to the liability of and the validation of certain acts of |
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the Midland County Fresh Water Supply District No. 1. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 6909 to read as follows: |
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CHAPTER 6909. MIDLAND COUNTY FRESH WATER SUPPLY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 6909.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of supervisors. |
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(2) "District" means the Midland County Fresh Water |
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Supply District No. 1. |
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(3) "Supervisor" means a board member. |
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Sec. 6909.002. TORT LIABILITY. (a) The district is a |
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governmental unit under Chapter 101, Civil Practice and Remedies |
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Code, and the operations of the district are essential government |
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functions and are not proprietary functions for any purpose, |
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including the application of that chapter. |
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(b) The district, a supervisor, or a district employee is |
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not liable for damages arising out of the performance of a |
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governmental function of the district, except as provided by |
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Chapter 101, Civil Practice and Remedies Code. |
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Sec. 6909.003. NO LIABILITY FOR JOINT ENTERPRISE. The |
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common law doctrine of vicarious liability because of participation |
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in a joint enterprise does not impose liability on the district or a |
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municipality that contracts with the district for a claim brought |
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under Chapter 101, Civil Practice and Remedies Code. |
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Sec. 6909.004. MANDATORY VENUE. Venue for an action |
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brought against the district is in Midland County. |
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SECTION 2. (a) All governmental and proprietary actions |
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and proceedings of the Midland County Fresh Water Supply District |
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No. 1 taken before the effective date of this Act relating to the |
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selection of the district as the developer of the T-Bar Ranch water |
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supply and the associated construction necessary for delivery of |
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water from the T-Bar Ranch to the City of Midland are validated, |
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ratified, and confirmed in all respects as of the dates on which |
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they occurred. |
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(b) All agreements between the Midland County Fresh Water |
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Supply District No. 1 and the City of Midland are validated as of |
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the dates on which they occurred. |
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(c) All revenue refunding bonds, revenue notes, or other |
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obligations issued by the district are validated as of the dates on |
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which they were issued. |
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(d) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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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, 2013. |
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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. 64 was passed by the House on April |
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18, 2013, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 64 was passed by the Senate on May 15, |
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2013, by the following vote: Yeas 31, Nays 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 |