85R11370 SCL-D     By: Watson S.B. No. 1638       A BILL TO BE ENTITLED   AN ACT   relating to waiver of a political subdivision's governmental   immunity for certain employment benefit claims.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 180, Local Government Code, is amended   by adding Section 180.008 to read as follows:          Sec. 180.008.  GOVERNMENTAL IMMUNITY WAIVED FOR CERTAIN   EMPLOYMENT BENEFIT CLAIMS. (a) Notwithstanding Section 2259.002,   Government Code, a political subdivision's governmental immunity   to suit and from liability is waived and abolished for a claim based   on a dispute under an employment benefit, including health benefit   plan coverage, provided to an employee of the political subdivision   by the political subdivision if the employee is unable to sue   another party for the same claim.          (b)  Governmental immunity to suit and from liability is   waived and abolished under this section only to the extent of   liability under a claim described by Subsection (a).          SECTION 2.  The heading to Chapter 180, Local Government   Code, is amended to read as follows:   CHAPTER 180. MISCELLANEOUS PROVISIONS AFFECTING OFFICERS AND   EMPLOYEES OF MUNICIPALITIES, COUNTIES, AND [CERTAIN] OTHER LOCAL   GOVERNMENTS          SECTION 3.  Section 180.008, Local Government Code, as added   by this Act, applies only to an action that commences on or after   the effective date of this Act. An action that commences before the   effective date of this Act is governed by the law applicable to the   action immediately before the effective date of this Act, and that   law is continued in effect for that purpose.          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, 2017.