By Kubiak, Patterson, Black, Johnson,                 H.B. No. 2603
             Alexander, et al.
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the liability of certain volunteer fire departments.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 101.001, Civil Practice and Remedies
    1-5  Code, is amended by amending Subdivision (2) and adding Subdivision
    1-6  (6) to read as follows:
    1-7              (2)  "Governmental unit" means:
    1-8                    (A)  this state and all the several agencies of
    1-9  government that collectively constitute the government of this
   1-10  state, including other agencies bearing different designations, and
   1-11  all departments, bureaus, boards, commissions, offices, agencies,
   1-12  councils, and courts;
   1-13                    (B)  a political subdivision of this state,
   1-14  including any city, county, school district, junior college
   1-15  district, levee improvement district, drainage district, irrigation
   1-16  district, water improvement district, water control and improvement
   1-17  district, water control and preservation district, freshwater
   1-18  supply district, navigation district, conservation and reclamation
   1-19  district, soil conservation district, communication district,
   1-20  public health district, and river authority; <and>
   1-21                    (C)  a volunteer fire department; and
   1-22                    (D)  any other institution, agency, or organ of
   1-23  government the status and authority of which are derived from the
   1-24  Constitution of Texas or from laws passed by the legislature under
    2-1  the constitution.
    2-2              (6)  "Volunteer fire department" means a fire
    2-3  department that is:
    2-4                    (A)  operated by its members; and
    2-5                    (B)  exempt from federal income tax under Section
    2-6  501(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section
    2-7  501(a)) by being listed as an exempt organization in Section
    2-8  501(c)(3) of that code (26 U.S.C. Section 501(c)(3)).
    2-9        SECTION 2.  Section 101.023, Civil Practice and Remedies
   2-10  Code, is amended by adding Subsection (d) to read as follows:
   2-11        (d)  Except as provided by Section 78.001, liability of a
   2-12  volunteer fire department under this chapter is limited to money
   2-13  damages in a maximum amount of $100,000 for each person and
   2-14  $300,000 for each single occurrence for bodily injury or death and
   2-15  $100,000 for each single occurrence for injury to or destruction of
   2-16  property.
   2-17        SECTION 3.  This Act applies only to a cause of action that
   2-18  accrues on or after the effective date of this Act.    An action
   2-19  that accrued before the effective date of this Act is governed by
   2-20  the law in effect at the time the action accrued, and that law is
   2-21  continued in effect for that purpose.
   2-22        SECTION 4.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
   2-26  days in each house be suspended, and this rule is hereby suspended,
   2-27  and that this Act take effect and be in force from and after its
    3-1  passage, and it is so enacted.