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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of a municipality for certain space |
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flight activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 101.0215(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) A municipality is liable under this chapter for damages |
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arising from its governmental functions, which are those functions |
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that are enjoined on a municipality by law and are given it by the |
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state as part of the state's sovereignty, to be exercised by the |
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municipality in the interest of the general public, including but |
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not limited to: |
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(1) police and fire protection and control; |
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(2) health and sanitation services; |
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(3) street construction and design; |
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(4) bridge construction and maintenance and street |
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maintenance; |
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(5) cemeteries and cemetery care; |
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(6) garbage and solid waste removal, collection, and |
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disposal; |
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(7) establishment and maintenance of jails; |
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(8) hospitals; |
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(9) sanitary and storm sewers; |
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(10) airports, including when used for space flight |
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activities as defined by Section 100A.001; |
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(11) waterworks; |
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(12) repair garages; |
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(13) parks and zoos; |
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(14) museums; |
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(15) libraries and library maintenance; |
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(16) civic, convention centers, or coliseums; |
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(17) community, neighborhood, or senior citizen |
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centers; |
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(18) operation of emergency ambulance service; |
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(19) dams and reservoirs; |
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(20) warning signals; |
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(21) regulation of traffic; |
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(22) transportation systems; |
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(23) recreational facilities, including but not |
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limited to swimming pools, beaches, and marinas; |
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(24) vehicle and motor driven equipment maintenance; |
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(25) parking facilities; |
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(26) tax collection; |
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(27) firework displays; |
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(28) building codes and inspection; |
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(29) zoning, planning, and plat approval; |
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(30) engineering functions; |
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(31) maintenance of traffic signals, signs, and |
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hazards; |
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(32) water and sewer service; |
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(33) animal control; |
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(34) community development or urban renewal |
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activities undertaken by municipalities and authorized under |
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Chapters 373 and 374, Local Government Code; |
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(35) latchkey programs conducted exclusively on a |
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school campus under an interlocal agreement with the school |
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district in which the school campus is located; and |
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(36) enforcement of land use restrictions under |
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Subchapter E [A], Chapter 212 [230], Local Government Code. |
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SECTION 2. Section 101.0211, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 101.0211. NO LIABILITY FOR JOINT ENTERPRISE. (a) 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 for a claim brought |
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under this chapter on: |
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(1) a water district created pursuant to either |
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Sections 52(b)(1) and (2), Article III, or Section 59, Article XVI, |
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Texas Constitution, regardless of how created; or |
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(2) a municipality with respect to the use of a |
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municipal airport for space flight activities as defined by Section |
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100A.001 unless the municipality would otherwise be liable under |
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Section 101.021. |
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(b) This section does not affect a limitation on liability |
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or damages provided by this chapter, including a limitation under |
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Section 101.023[, for a claim brought under this chapter]. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |