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A BILL TO BE ENTITLED
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AN ACT
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relating to a waiver of sovereign immunity by public institutions |
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of higher education with respect to certain contracts paid using |
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institutional funds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.002, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) The governing board of an institution may not claim |
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sovereign immunity in any lawsuit for a claim arising under a |
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contract paid wholly or partly with money described by Subsection |
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(a), and the institution is liable for damages under that claim to |
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the extent that money described by Subsection (a) available to the |
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institution is unencumbered by preexisting legal obligations. |
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SECTION 2. The change in law made by this Act applies only |
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to a civil cause of action that accrues on or after the effective |
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date of this Act. An action that accrued before the effective date |
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of this Act is governed by the law in effect at the time the action |
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accrued, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |