74R8471 CAG-D
By Raymond H.B. No. 2030
Substitute the following for H.B. No. 2030:
By Longoria C.S.H.B. No. 2030
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the ability of a county, state agency, or other fire
1-3 suppression entity to recover the cost of furnishing fire
1-4 protection for a negligently, recklessly, or intentionally set
1-5 fire.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subtitle C, Title 11, Local Government Code, is
1-8 amended by adding Chapter 363 to read as follows:
1-9 CHAPTER 363. FIRE PROTECTION COSTS
1-10 Sec. 363.001. ACTIONS TO RECOVER COSTS OF FIRE PROTECTION.
1-11 (a) A county, state agency, or other public fire suppression entity
1-12 may recover from a person the reasonable costs incurred by the
1-13 county, state agency, or other public fire suppression entity in
1-14 furnishing fire protection to control or extinguish a fire if:
1-15 (1) the fire is negligently, recklessly, or
1-16 intentionally set by the person; or
1-17 (2) the fire is the result of a person's conduct for
1-18 which the person is adjudged guilty of an offense under Section
1-19 28.02 or 28.04, Penal Code.
1-20 (b) If a determination is made during a criminal trial that
1-21 a person committed an offense under Section 28.02 or 28.04, Penal
1-22 Code, and as a result of the offense the person caused an incident
1-23 resulting in a fire suppression response by a county, state agency,
1-24 or other public fire suppression entity, the court may include the
2-1 obligation for the liability as part of the judgment. A judgment
2-2 that includes such an obligation is enforceable as any other
2-3 judgment.
2-4 (c) The liability is a debt of the person to the county,
2-5 state agency, or other public fire suppression entity, and the debt
2-6 may be collected in the same manner as a public agency collects an
2-7 express or implied contractual obligation.
2-8 (d) A person's liability under this section for the
2-9 reasonable expense of a response may not exceed $5,000 for a
2-10 particular incident. For the purposes of this subsection, a
2-11 reasonable expense for a response includes only those costs
2-12 directly arising from the response to a particular incident,
2-13 including the costs of any salary of the fire suppression personnel
2-14 who participated in the response to the incident.
2-15 (e) A bill for the expense of a county, state agency, or
2-16 other public fire suppression entity for the provision of fire
2-17 protection for an incident must contain an itemized accounting of
2-18 the components of the total charge.
2-19 (f) Jurisdiction and venue of an action under this section
2-20 are in the district court, county court at law, or justice court of
2-21 the area where the fire occurred.
2-22 SECTION 2. This Act takes effect September 1, 1995, and
2-23 applies only to a cause of action that accrues on or after that
2-24 date. An action that accrued before the effective date of this Act
2-25 is governed by the law applicable to the action as it existed
2-26 immediately before the effective date of this Act, and that law is
2-27 continued in effect for that purpose.
3-1 SECTION 3. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.