ALM H.B. 680 75(R)BILL ANALYSIS AGRICULTURE & LIVESTOCK H.B. 680 By: Turner, Bob 2-27-97 Committee Report (Unamended) BACKGROUND There are approximately 1,800 volunteer fire departments in Texas. 1,500 have no consistent source of revenue and must rely upon donations. Some receive a limited amount of tax revenue. About 200 full time paid fire departments are in the same position. Consequently, most rural and volunteer fire departments cannot afford to purchase the equipment that would assist them in their jobs. There are approximately 1,000 major industrial companies in Texas that employ fire brigades equipped with state-of-the-art firefighting equipment. Since technology is continuously changing, these fire brigades upgrade their equipment on a regular basis. However, because of liability concerns, companies which might otherwise donate used or obsolete firefighting equipment to volunteer fire departments often destroy it. Under this legislation, a company 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. With the liability protection offered by this bill, it is conceivable that volunteer fire departments could receive breathing apparatus, protective clothing and miscellaneous firefighting equipment, including fire trucks. PURPOSE This legislation would remove the liability to companies or other entities who donate used firefighting equipment to the Texas Forest Service for distribution statewide. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 88.106, Education Code, to allow the Texas Forest Service to make used fire equipment available to organized fire fighting groups without the risk of liability if equipment is loaned or sold in good faith without gross negligence, recklessness, or intentional misconduct. Removes a fire equipment donator's liability in civil damages if the equipment is donated in good faith without gross negligence, recklessness, or intentional misconduct. Specifies what "fire control or fire rescue equipment" encompasses. SECTION 2. Effective date: September 1, 1997. SECTION 3. Emergency clause.