Bill Text: TX HB64 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the liability of and the validation of certain acts of the Midland County Fresh Water Supply District No. 1.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [HB64 Detail]
Download: Texas-2013-HB64-Enrolled.html
| H.B. No. 64 | ||
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| relating to the liability of and the validation of certain acts of | ||
| the Midland County Fresh Water Supply District No. 1. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle B, Title 6, Special District Local Laws | ||
| Code, is amended by adding Chapter 6909 to read as follows: | ||
| CHAPTER 6909. MIDLAND COUNTY FRESH WATER SUPPLY DISTRICT NO. 1 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 6909.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of supervisors. | ||
| (2) "District" means the Midland County Fresh Water | ||
| Supply District No. 1. | ||
| (3) "Supervisor" means a board member. | ||
| Sec. 6909.002. TORT LIABILITY. (a) The district is a | ||
| governmental unit under Chapter 101, Civil Practice and Remedies | ||
| Code, and the operations of the district are essential government | ||
| functions and are not proprietary functions for any purpose, | ||
| including the application of that chapter. | ||
| (b) The district, a supervisor, or a district employee is | ||
| not liable for damages arising out of the performance of a | ||
| governmental function of the district, except as provided by | ||
| Chapter 101, Civil Practice and Remedies Code. | ||
| Sec. 6909.003. NO LIABILITY FOR JOINT ENTERPRISE. The | ||
| common law doctrine of vicarious liability because of participation | ||
| in a joint enterprise does not impose liability on the district or a | ||
| municipality that contracts with the district for a claim brought | ||
| under Chapter 101, Civil Practice and Remedies Code. | ||
| Sec. 6909.004. MANDATORY VENUE. Venue for an action | ||
| brought against the district is in Midland County. | ||
| SECTION 2. (a) All governmental and proprietary actions | ||
| and proceedings of the Midland County Fresh Water Supply District | ||
| No. 1 taken before the effective date of this Act relating to the | ||
| selection of the district as the developer of the T-Bar Ranch water | ||
| supply and the associated construction necessary for delivery of | ||
| water from the T-Bar Ranch to the City of Midland are validated, | ||
| ratified, and confirmed in all respects as of the dates on which | ||
| they occurred. | ||
| (b) All agreements between the Midland County Fresh Water | ||
| Supply District No. 1 and the City of Midland are validated as of | ||
| the dates on which they occurred. | ||
| (c) All revenue refunding bonds, revenue notes, or other | ||
| obligations issued by the district are validated as of the dates on | ||
| which they were issued. | ||
| (d) This section does not apply to any matter that on the | ||
| effective date of this Act: | ||
| (1) is involved in litigation if the litigation | ||
| ultimately results in the matter being held invalid by a final court | ||
| judgment; or | ||
| (2) has been held invalid by a final court judgment. | ||
| SECTION 3. 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, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 64 was passed by the House on April | ||
| 18, 2013, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 64 was passed by the Senate on May 15, | ||
| 2013, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
