| |
| |
| |
|
|
AN ACT
|
|
|
relating to civil suits filed against board members of a |
|
|
groundwater conservation district and the liability of a member for |
|
|
certain actions taken by the board. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 36.060, Water Code, is amended by adding |
|
|
Subsection (e) to read as follows: |
|
|
(e) For liability purposes only, a director is considered a |
|
|
district employee under Chapter 101, Civil Practice and Remedies |
|
|
Code, even if the director does not receive fees of office |
|
|
voluntarily, by district policy, or through a statutory exception |
|
|
to this section. |
|
|
SECTION 2. Section 36.066(a), Water Code, is amended to |
|
|
read as follows: |
|
|
(a) A district may sue and be sued in the courts of this |
|
|
state in the name of the district by and through its board. A |
|
|
district board member is immune from suit and immune from liability |
|
|
for official votes and official actions. To the extent an official |
|
|
vote or official action conforms to laws relating to conflicts of |
|
|
interest, abuse of office, or constitutional obligations, this |
|
|
subsection provides immunity for those actions. All courts shall |
|
|
take judicial notice of the creation of the district and of its |
|
|
boundaries. |
|
|
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, 2015. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 3163 was passed by the House on May |
|
|
15, 2015, by the following vote: Yeas 119, Nays 5, 2 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 3163 on May 29, 2015, by the following vote: Yeas 141, Nays 4, |
|
|
2 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 3163 was passed by the Senate, with |
|
|
amendments, on May 27, 2015, by the following vote: Yeas 30, Nays |
|
|
1. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |