Bill

SB 450

84(R) - 2015
Senate State Affairs
Senate State Affairs
State Affairs

Vote Recommendation

Yes
  • Positive
  • Positive
  • Neutral
  • Positive
  • Neutral

Author(s)

Charles Schwertner

Bill Caption

Relating to the liability of a political subdivision of this state for certain claims relating to land acquired by the political subdivision under certain circumstances.

Fiscal Notes

No significant fiscal implication to the State or local government.

Bill Analysis

SB 450 would amend Chapter 101 of the Civil Practice and Remedies Code so that Section 101.064 would apply to any political subdivision of the state, not just municipalities.

Vote Recommendation Notes

SB 450 would affirm the principle of property rights, therefore we support this legislation. Currently, municipalities have an exemption from potential tort liability for events or conditions that may occur when they are in the progress of reselling the title to vacant or abandoned property. This does not extend to all political subdivisions. SB 450 would extend the exemption, which is limited from the date the land is acquired to when the land is sold. It also would exempt the subdivision from liability from the condition of the land, a premises defect, or action committed by a person not an agent of the subdivision. This would provide the incentive to political subdivisions to acquire these titles and allow them to be resold to private owners for the benefit of the community.