ZEM H.B. 1602 75(R)BILL ANALYSIS


CIVIL PRACTICES
H.B. 1602
By: Kamel
3-14-97
Committee Report (Unamended)



BACKGROUND 

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. 

PURPOSE

This bill states 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. The bill also
states 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

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

 Section 98.001 Defines "Dry fire hydrant" and "Fire-fighting agency".

 Section 98.002 Provides immunity from liability for a property owner who
permits a firefighting agency to use a dry fire hydrant on the property
owner's land.  States that this section does not apply to intentional acts
or omissions or certain negligent acts or omissions. 

 Section 98.003 Provides that an agreement between an owner, lessee, or
occupant of real property and a fire-fighting agency relating to the dry
fire hydrant's installation or connection to a water source on the
property is not binding to a subsequent owner, lessee, or occupant of the
real property. 

SECTION 2. Provides that Section 98.002 applies prospectively and applies
savings clause. 

SECTION 3. Provides that Section 98.003 applies prospectively.

SECTION 4. Effective date: September 1, 1997.

SECTION 5. Emergency clause.