Bill Text: TX HB3669 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the governmental immunity of certain conservation and reclamation districts with respect to proceedings to exercise the power of eminent domain over real property interests of the districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-14 - Committee report sent to Calendars [HB3669 Detail]
Download: Texas-2023-HB3669-Comm_Sub.html
| 88R21217 SCP-F | |||
| By: Rogers | H.B. No. 3669 | ||
| Substitute the following for H.B. No. 3669: | |||
| By: Burns | C.S.H.B. No. 3669 | ||
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| relating to the governmental immunity of certain conservation and | ||
| reclamation districts with respect to proceedings to exercise the | ||
| power of eminent domain over real property interests of the | ||
| districts. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 36, Water Code, is amended | ||
| by adding Section 36.1055 to read as follows: | ||
| Sec. 36.1055. GOVERNMENTAL IMMUNITY WAIVED FOR CERTAIN REAL | ||
| PROPERTY. (a) Governmental immunity of a district is waived with | ||
| respect to a proceeding to exercise the power of eminent domain over | ||
| a real property interest of the district. | ||
| (b) This section prevails over a special law governing a | ||
| district or any other statute. | ||
| SECTION 2. Subchapter H, Chapter 49, Water Code, is amended | ||
| by adding Section 49.2225 to read as follows: | ||
| Sec. 49.2225. GOVERNMENTAL IMMUNITY WAIVED FOR CERTAIN REAL | ||
| PROPERTY. (a) Governmental immunity of a district is waived with | ||
| respect to a proceeding to exercise the power of eminent domain over | ||
| a real property interest of the district. | ||
| (b) Notwithstanding Section 49.002, this section prevails | ||
| over a special law governing a district or any other statute. | ||
| SECTION 3. The legislature intends that the passage of this | ||
| Act codifies settled common law that holds that the governmental | ||
| immunity of a water district is waived with respect to a proceeding | ||
| to exercise the power of eminent domain over a real property | ||
| interest of the district. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2023. | ||
