SRC-AAA H.B. 680 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 680
By: Turner, Bob (Ogden)
Jurisprudence
3-27-97
Engrossed


DIGEST 

Currently, industrial companies which might otherwise donate used or
obsolete firefighting equipment to volunteer fire departments do not do
so, because of liability concerns. Most rural and volunteer fire
departments cannot afford to purchase new equipment. This bill provides
that companies could donate used or obsolete firefighting equipment to the
Texas Forest Service for redistribution to volunteer fire departments
without liability beyond what would be expected in instances of gross
negligence, recklessness, or intentional misconduct. 

PURPOSE

As proposed, H.B. 680 provides that companies could donate used or
obsolete firefighting equipment to the Texas Forest Service for
redistribution to volunteer fire departments without liability beyond what
would be expected in instances of gross negligence, recklessness, or
intentional misconduct. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 88.106, Education Code, as follows:

Sec. 88.106. New heading: COOPERATION WITH FEDERAL AGENCIES; RURAL FIRE
PROTECTION PLANS; FIRE TRAINING; DISPOSITION OF USED OR OBSOLETE
EQUIPMENT. Authorizes the director of the Texas Forest Service to sell,
lend, or otherwise make available to volunteer fire departments, rather
than organized fire fighting groups,  used or obsolete fire control or
fire rescue equipment.  Authorizes a person to donate used fire control or
fire rescue equipment.  Sets forth civil liability for damages from
defects in donated equipment.  Defines "fire control or fire rescue
equipment."  Makes conforming and nonsubstantive changes. 

SECTION 2 Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.