SRC-JFA H.B. 3052 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3052
By: Berlanga (Truan)
Jurisprudence
5-16-97
Engrossed


DIGEST 

Currently, the Tort Claims Act provides a limit on the amount of damages
which may be recovered from a governmental unit.  Nonprofit fire
departments which contract with governmental units are not covered by the
Tort Claims Act.  The threat of litigation and monetary damages arising
from property damage, personal injury, and death, over and above the caps
provided to a governmental unit, may deter these fire departments from
contracting with governmental units.  This bill would limit the liability
of nonprofit fire departments while performing marine fire fighting
services for a governmental unit and limit the liability of individual
fire fighters to the extent liability is limited for an employee of a
governmental unit.   

PURPOSE

As proposed, H.B. 3052 limits the liability of a nonprofit fire department
while performing marine fire fighting services for a governmental unit and
limits the liability of individual fire fighters to the extent liability
is limited for an employee of a governmental unit.  

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 Chapter 78, Civil Practice and Remedies Code, as follows:

CHAPTER 78.  New heading:  CERTAIN FIRE FIGHTERS
AND FIRE-FIGHTING ENTITIES

SUBCHAPTER A.  VOLUNTEER FIRE FIGHTERS AND FIRE DEPARTMENTS

Sec. 78.001.  LIABILITY.  Makes no changes. 

SUBCHAPTER B.  MARINE FIRE-FIGHTING SERVICES

Sec. 78.051.  DEFINITIONS.  Defines "fire fighter," "governmental unit,"
and "nonprofit fire department."  

Sec. 78.052.  APPLICABILITY OF SUBCHAPTER:  MARINE FIRE EMERGENCY.
Provides that this subchapter applies only to damages for personal injury,
death, or property damage arising from an error or omission of a nonprofit
fire department providing certain services or a fire fighter providing
certain services.   

Sec. 78.053.  LIABILITY.  Provides that a nonprofit fire department is
liable for damages described by Section 78.052 only to the extent that the
governmental unit with which the nonprofit fire department is contracting
would be liable under Chapter 101.  Provides that Section 101.106 applies
to a claimant in a suit against a fire fighter as if the fire fighter were
an employee of a governmental unit and the nonprofit fire department were
a governmental unit.   

 Sec. 78.054.  INDIVIDUAL IMMUNITIES. Provides that a fire fighter is
liable for damages described by Section 78.052 only to the extent an
analogous employee of the governmental unit with which the nonprofit fire
department is contracting would be liable and is entitled to the common
law immunities applicable to the employee of the governmental unit.   

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.