BILL ANALYSIS



C.S.H.B. 2980
By: Hamric
04-03-95
Committee Report (Substituted)


BACKGROUND

Currently neither district judges nor volunteer fire departments
are authorized to participate in a county risk management pool. 
However, because district judges are being named in suits against
counties and counties are liable for the acts of their volunteer
fire departments, both groups have an interest in being included in
such an insurance pool.

PURPOSE

This bill would authorize a county risk management pool created
under Chapter 119 of the Local Government Code to provide liability
coverage for volunteer fire departments that contract with counties
to provide fire protection for the county.  It would also authorize
the risk pool to provide liability coverage for the district judges
of a participating county.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

     Section 1.  This Section amends Section 119.001, Local
Government Code, by adding Subdivision (5).  This Subdivision
defines "volunteer fire department" as a fire department that has
contracted with the county for the provision of fire protection or
fire-fighting equipment and is operated on a not-for-profit basis.

     Section 2 amends Section 119 of the Local Government Code by
adding Section 119.010 and Section 119.011.  Section 119.010 allows
a county insurance pool to provide coverage for a district judge
whose district lies, in whole or part, in a county participating in
a pool.  The additional cost of the coverage may be paid for by the
county and/or from personal funds of the district judge.

Section 119.011 is added to allow a county pool to provide
liability insurance for the acts or omissions of a volunteer fire
departments (VFD).  VFD's which may qualify for this insurance are
defined in Section 1 of this Act. 

In addition, this Section would allow coverage for an individual
volunteer who provides fire protection for the county and is a
regular employee or fire fighter of a municipality.  (Under Section
352.004, a municipality is not liable for the acts of its employees
who fight fires outside the municipality under a contract with the
county.)

     Section 3.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute is a legislative counsel draft version of
the original bill with no significant changes.




SUMMARY OF COMMITTEE ACTION

HB 2980 was considered by the County Affairs Committee in a public
hearing on 4/5/95. The chair recognized Stan Reid to testify for HB
2980. The County Affairs Committee considered a complete committee
substitute for HB 2980. The substitute was adopted without
objection. HB 2980 was reported favorably as substituted with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 6
ayes, 0 nays, 1 pnv, 2 absent.