Bill Text: TX HB159 | 2019-2020 | 86th Legislature | Introduced

Texas House Bill 159 (Prior Session Legislation)

Introduced

Bill Title: Relating to the waiver of governmental immunity of a county or sheriff's department for claims arising from a final decision of certain civil service commissions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-02-13 - Referred to County Affairs [HB159 Detail]

Download: Texas-2019-HB159-Introduced.html

	86R1070 JCG-F

	By: Canales	H.B. No. 159



	A BILL TO BE ENTITLED
	AN ACT
	relating to the waiver of governmental immunity of a county or
	sheriff's department for claims arising from a final decision of
	certain civil service commissions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter A, Chapter 158, Local Government
	Code, is amended by adding Section 158.016 to read as follows:
	Sec. 158.016. GOVERNMENTAL IMMUNITY WAIVED. (a) An
	employee may file suit in district court for a writ of mandamus to
	compel the county or, if applicable, the sheriff's department of
	the county that employs the employee to comply with a final decision
	of the commission established for the county or an order of a
	district court under Section 158.012 that awards back pay or
	another monetary benefit to the employee.
	(b) Governmental immunity of a county or a sheriff's
	department, as applicable, from suit and liability is waived only
	to the extent necessary to enforce the final decision or order
	described by Subsection (a).
	(c) The court may award reasonable attorney's fees and court
	costs to the prevailing party in a suit brought under this section.
	SECTION 2. Subchapter B, Chapter 158, Local Government
	Code, is amended by adding Section 158.041 to read as follows:
	Sec. 158.041. GOVERNMENTAL IMMUNITY WAIVED. (a) An
	employee may file suit in district court for a writ of mandamus to
	compel the county and the sheriff's department of the county that
	employs the employee to comply with a final decision of the
	commission established for the county or an order of a district
	court under Section 158.037 that awards back pay or another
	monetary benefit to the employee.
	(b) Governmental immunity of a county or a sheriff's
	department, as applicable, from suit and liability is waived only
	to the extent necessary to enforce the final decision or order
	described by Subsection (a).
	(c) The court may award reasonable attorney's fees and court
	costs to the prevailing party in a suit brought under this section.
	SECTION 3. The changes in law made by this Act apply to a
	final decision of a civil service commission or an order of a
	district court issued before, on, or after the effective date of
	this Act.
	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, 2019.