SRC-JFA H.B. 1602 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1602
By: Kamel (Ratliff)
Jurisprudence
4-18-97
Engrossed


DIGEST 

A dry fire hydrant is a non-pressurized pipe installed at a pond, lake,
water storage tank, or irrigation well.  This type of hydrant provides
fire departments with a ready source of water in the rural areas of Texas.
This bill would provide that a property owner, lessee, or occupant is not
liable for damages for personal injury, death, or injury to or destruction
of property arising from the usage of a dry fire hydrant.  Additionally,
this bill would provide that a dry hydrant agreement between a property
owner, lessee, or occupant and a fire-fighting agency is not binding on a
subsequent property owner, lessee, or occupant.   

PURPOSE

As proposed, H.B. 1602 provides that a property owner, lessee, or occupant
is not liable for damages for personal injury, death, or injury to or
destruction of property arising from the usage of a dry fire hydrant.
Additionally, this bill provides that a dry fire hydrant agreement between
a property owner, lessee, or occupant and a fire-fighting agency is not
binding to a subsequent property owner, lessee, or occupant.   

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 Title 4, Civil Practice and Remedies Code, by adding
Chapter 98, as follows:  

CHAPTER 98.  DRY FIRE HYDRANTS

Sec. 98.001.  DEFINITIONS.  Defines "dry fire hydrant" and "fire-fighting
agency."   

Sec. 98.002.  IMMUNITY FROM LIABILITY.  Provides that 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 is not liable for damages for personal
injury, death, or injury to or destruction of property arising from
installation or connection of the dry fire hydrant or maintenance or use
of the dry fire hydrant; a fire with respect to which the dry fire hydrant
is used; or the failure of the water source to contain an adequate supply
of water during a fire.  Provides that this section does not apply to
damages arising from an act or omission that is intentional, wilfully or
wantonly negligent, or done with conscious indifference or reckless
disregard for the safety of others. 

Sec. 98.003.  AGREEMENT IS PERSONAL.  Prohibits 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
from binding a subsequent owner, lessee, or occupant of the real property.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Makes application of this Act prospective.

 SECTION 4. Effective date: September 1, 1997.

SECTION 5. Emergency clause.