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A BILL TO BE ENTITLED
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AN ACT
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relating to payment by the Benbrook Water Authority for certain |
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damages caused by the authority's operation of a sanitary sewer |
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system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 123, Acts of the 54th Legislature, |
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Regular Session, 1955, is amended by adding Section 5A to read as |
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follows: |
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Sec. 5A. CERTAIN DAMAGES CAUSED BY SEWAGE BACKUP. (a) The |
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Authority may pay actual property damages caused by the backup of |
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the Authority's sanitary sewer system regardless of whether the |
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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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SECTION 2. Section 5A, Chapter 123, Acts of the 54th |
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Legislature, Regular Session, 1955, as added by this Act, applies |
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only to damages caused by the backup of a sanitary sewer system on |
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or after September 1, 2011. |
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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, 2011. |