ZEM H.B. 3052 75(R)BILL ANALYSIS


CIVIL PRACTICES
H.B. 3052
By: Berlanga, et. al.
4-30-97
Committee Report (Unamended)



BACKGROUND 

The Tort Claims Act provides a limit on the amount of damages which may be
recovered from a governmental unit.  However, nonprofit fire departments
which contract with governmental units are not covered by the Tort Claims
Act and the threat of property damage, personal injury, and death
litigation and damages, over and above the caps provided to a governmental
unit, deter these fire departments from contracting with governmental
units.  Therefore, liability of damages for personal injury, death or
property damage arising from certain errors or omissions against a
non-profit fire department should be limited to the same extent as the
governmental unit for which the services were performed in certain
situations. 

PURPOSE

As proposed, H.B. 3052 defines "nonprofit fire department," and certain
other terms, limits the liability of the 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

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 Chapter 78, Civil Practices and Remedies Code by
changing the chapter name to "CHAPTER 78. CERTAIN FIRE FIGHTERS AND
FIRE-FIGHTING ENTITIES," adding the title "SUBCHAPTER A. VOLUNTEER  FIRE
FIGHTERS AND FIRE DEPARTMENTS" and adding "SUBCHAPTER B.  MARINE
FIRE-FIGHTING SERVICES," as follows: 

 Section 78.051 Defines "fire fighter," "governmental unit," and
"non-profit fire 
 department."

 Section 78.052 Applies the subchapter to damages for personal injury,
death, or property 
 damage arising from an error or omission of a nonprofit fire department
or fire fighter while responding to a marine fire emergency on navigable
waters, or on certain other waters, under contract to a governmental unit. 

Section 78.053 Limits the liability of nonprofit fire departments to the
same extent that 
liability of the governmental unit for which services are being provided
is limited and limits the liability of an individual fire fighter as if
the fire fighter were an employee of the governmental unit. 

 Section 78.054 Limits the liability of individual fire fighters to the
same extent that 
 liability of employees of the governmental unit for which services are
being provided is 
 limited.

 SECTION 2 Applies prospectively.  Savings clause.

SECTION 3 Effective date:  September 1, 1997.

SECTION 4 Emergency clause.