The Laws of Texas, 1937-1939 [Volume 31] Page: 181 of 1,313
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FORTY-FIFTH LEGISLATURE-SECOND CALLED SESSION 1903
AUTHORIZING JOHN WIESE AND OTHERS TO SUE
STATE.
H. B. No. 62.] CHAPTER 26.
An Act authorizing, consenting to, and granting permission to John
Wiese, Lonnie Wiese, and Tom Wiese to sue the State of Texas and
the State Highway Department of the State of Texas for damages to
their land; providing a saving clause; and declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. The State of Texas hereby agrees to and consents
for John Wiese, Lonnie Wiese, and Tom Wiese of Washington
County, Texas, to institute and maintain suits of competent
jurisdiction in the State of Texas against the State of
Texas and the State Highway Department of the State of Texas
for damages to their land as a result of diversion of surface
water as a consequence of building or maintaining the State
Highway System of Texas, said land being located in Washington
County.
SEC. 2. That said suit by the said John Wiese, Lonnie Wiese,
and Tom Wiese shall be tried and determined in the trial and
appellate Courts of this State according to the same rules
of law and procedure as to liability and defense that would be
applicable if such suit were against an ordinary corporation.
SEC. 3. That all process of said suit may be served on the
Attorney General of the State of Texas or on the Chairman of
the Highway Commission of the State of Texas, and any judgment
which may be finally recovered by reason of said suit may
be paid out of the funds of the State Highway Department of
the State of Texas, and there is hereby appropriated out of such
funds a sufficient amount to pay said judgment.
SEC. 4. If any paragraph, clause or provision of this Act
shall be held to be invalid or unconstitutional, the validity of the
other provisions of this Act shall not be affected thereby but
shall remain in full force and effect.
SEC. 5. The fact that suit cannot be maintained against the
State of Texas or the State Highway Department of the State
of Texas without the permission of the Legislature of the State
of Texas, and the crowded condition of the calendar at this time,
and the importance of this legislation, create an emergency and
an imperative public necessity that the Constitutional Rule requiring
that all bills be read on three several days in each House
be suspended, and said Rule is hereby suspended, and that this
Act shall take effect and be in force from and after its passage,
and it is so enacted.
[NoTE.-H. B. No. 62 passed the House, October 19, 1937,
by a vote of 108 yeas, 0 nays; passed the Senate, October 25,
1937, by a viva voce vote.]
Approved: (Not signed by Governor.)
Filed in Department of State, October 26, 1937.
Effective January 25, 1938.
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1937-1939 [Volume 31], book, 1939; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth18824/m1/181/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .