Amend HB 1602 by striking all below the enacting clause and
substituting the following:
      SECTION 1.  Chapter 93, Civil Practice and Remedies Code, is
amended to read as follows:
                CHAPTER 93. ASSUMPTION OF THE RISK
              AND CERTAIN OTHER AFFIRMATIVE DEFENSES
      Sec. 93.001.  ASSUMPTION OF THE RISK: AFFIRMATIVE DEFENSE.
(a)  It is an affirmative defense to a civil action for damages for
personal injury or death that the plaintiff, at the time the cause
of action arose, was:
            (1)  committing a felony, for which the plaintiff
<plaintiff> has been finally convicted, that was the sole cause of
the damages sustained by the plaintiff; or
            (2)  committing or attempting to commit suicide, and
the plaintiff's conduct in committing or attempting to commit
suicide was the sole cause of the damages sustained;  provided,
however, if the suicide or attempted suicide was caused in whole or
in part by a failure on the part of any defendant to comply with an
applicable legal standard, then such suicide or attempted suicide
shall not be a defense.
      (b)  This section <chapter> does not apply in any action
brought by an employee, or the surviving beneficiaries of an
employee, under the Workers' Compensation Law of Texas, or in an
action against an insurer based on a contract of insurance, a
statute, or common law.
      (c)  In an action to which this section <chapter> applies,
this section <chapter> shall prevail over any other law.
      Sec. 93.002.  DRY FIRE HYDRANTS: AFFIRMATIVE DEFENSE.
(a)  It is an affirmative defense to a civil action for damages
brought against a defendant who is an owner, lessee, or occupant of
real property who permits a fire-fighting agency to connect a dry
fire hydrant to a source of water on the property or to install a
dry fire hydrant on the property that the damages arise from:
            (1)  the condition or use of the dry fire hydrant;
            (2)  the installation or maintenance of the dry fire
hydrant; or
            (3)  the failure of the water source to contain an
adequate supply of water during a fire.
      (b)  This section does not apply to:
            (1)  an action for damages arising from an act or
omission of the owner, lessee, or occupant of real property that is
intentional, wilfully or wantonly negligent, or done with conscious
indifference or reckless disregard for the safety of others; or
            (2)  an action for damages arising from a condition of
the real property on which the dry fire hydrant is located.
      (c)  In this section:
            (1)  "Dry fire hydrant"  means a fire hydrant that is
connected to a stock tank, pond, or other similar source of water
from which water is pumped in case of  fire.
            (2)  "Fire-fighting agency" means any entity that
provides fire-fighting services, including:
                  (A)  a volunteer fire department; and
                  (B)  a political subdivision of this state
authorized to provide fire-fighting services.
      SECTION 2.  Chapter 2, Property Code, is amended by adding
Section 2.002 to read as follows:
      Sec. 2.002.  DRY FIRE HYDRANTS: AGREEMENT IS PERSONAL.
(a)  An agreement between an owner, lessee, or occupant of real
property and a fire-fighting agency relating to the connection of a
dry fire hydrant to a source of water on the property or the
installation of a dry fire hydrant on the property  may not bind a
subsequent owner, lessee, or occupant of the real property.
      (b)  In this section:
            (1)  "Dry fire hydrant"  means a fire hydrant that is
connected to a stock tank, pond, or other similar source of water
from which water is pumped in case of  fire.
            (2)  "Fire-fighting agency" means any entity that
provides fire-fighting services, including:
                  (A)  a volunteer fire department; and
                  (B)  a political subdivision of this state
authorized to provide fire-fighting services.
      SECTION 3.  Section 93.002, Civil Practice and Remedies Code,
as added by this Act, applies only to a cause of action that
accrues on or after the effective date of this Act.  A cause of
action that accrues before the effective date of this Act is
governed by the law applicable to the cause of action immediately
before the effective date of this Act and that law is continued in
effect for that purpose.
      SECTION 4.  Section 2.002, Property Code, as added by this
Act, applies only to an agreement entered into on or after the
effective date of this Act.
      SECTION 5.  This Act takes effect September 1, 1997.
      SECTION 6.  The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby suspended.