SRC-SLL S.B. 675 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 675
By: Ogden
Jurisprudence
3-5-97
As Filed


DIGEST 

Currently, persons are not protected from liability if they donate used
fire control or fire rescue equipment to the Texas Forest Service.  There
are approximately 1,800 volunteer fire departments in Texas; 1,500 do not
have a consistent source of revenue and must rely upon donations.  There
are approximately 1,000 major industrial companies in Texas which employ
fire brigades equipped with state-of-the-art firefighting equipment.  This
equates to almost 20,000 firefighters.  There is the potential for used
equipment to be donated to 20,000 ill-equipped volunteer firefighters.
Because of liability concerns, however, companies which would otherwise
donate used or obsolete firefighting equipment to volunteer fire
departments now destroy it.  This bill will limit the liability of persons
who donate equipment to the Texas Forest Service for redistribution to
volunteer fire departments. 

PURPOSE

As proposed, S.B. 675 limits the liability of persons who donate equipment
to the Texas Forest Service for redistribution to volunteer fire
departments. 

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 Section 88.106, Education Code, as follows:

Sec.  88.106.  New heading: COOPERATION WITH FEDERAL AGENCIES; RURAL FIRE
PROTECTION PLANS; FIRE TRAINING; DISPOSITION OF USED OR OBSOLETE
EQUIPMENT.  Authorizes the director of the Texas Forest Service, under the
supervision of the board of regents of the Texas A & M University System,
to take certain actions.  Authorizes a person to donate used or obsolete
fire control or fire rescue equipment to the Texas Forest Service for the
service's use or the service's distribution to other organized fire
fighting groups.  Provides that the Texas Forest Service, its director,
officers, and employees are not liable in civil damages for personal
injury, property damage, or death resulting from a defect in equipment
sold, loaned, or otherwise made available in good faith under this section
unless the act or omission of the service, its director, officer, or
employee proximately causing the claim, damage, or loss constitutes gross
negligence, recklessness, or intentional misconduct.  Defines "fire
control or fire rescue equipment." 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.