Sec. 271.151. DEFINITIONS. In this subchapter:
(1) "Adjudication" of a claim means the bringing of a civil suit and prosecution to final judgment in county or state court and includes the bringing of an authorized arbitration proceeding and prosecution to final resolution in accordance with any mandatory procedures established in the contract subject to this subchapter for the arbitration proceedings.
(2) "Contract subject to this subchapter" means:
(A) a written contract stating the essential terms of the agreement for providing goods or services to the local governmental entity that is properly executed on behalf of the local governmental entity; or
(B) a written contract, including a right of first refusal, regarding the sale or delivery of not less than 1,000 acre-feet of reclaimed water by a local governmental entity intended for industrial use.
(3) "Local governmental entity" means a political subdivision of this state, other than a county or a unit of state government, as that term is defined by Section 2260.001, Government Code, including a:
(A) municipality;
(B) public school district and junior college district; and
(C) special-purpose district or authority, including any levee improvement district, drainage district, irrigation district, water improvement district, water control and improvement district, water control and preservation district, freshwater supply district, navigation district, conservation and reclamation district, soil conservation district, communication district, public health district, emergency service organization, and river authority.
Added by Acts 2005, 79th Leg., Ch. 604 (H.B. 2039), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1138 (H.B. 3511), Sec. 2, eff. June 14, 2013.
Structure Texas Statutes
Title 8 - Acquisition, Sale, or Lease of Property
Subchapter I. Adjudication of Claims Arising Under Written
Section 271.152. Waiver of Immunity to Suit for Certain Claims
Section 271.153. Limitations on Adjudication Awards
Section 271.154. Contractual Adjudication Procedures Enforceable
Section 271.155. No Waiver of Other Defenses
Section 271.156. No Waiver of Immunity to Suit in Federal Court
Section 271.157. No Waiver of Immunity to Suit for Tort Liability