By Turner of Coleman, Hawley, Keffer,                  H.B. No. 680

 1-1        Counts, Hupp, et al. 

 1-2                                   AN ACT

 1-3     relating to used fire control or fire rescue equipment donated to

 1-4     or made available by the Texas Forest Service.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 88.106, Education Code, is amended to

 1-7     read as follows:

 1-8           Sec. 88.106.  COOPERATION WITH FEDERAL AGENCIES; RURAL FIRE

 1-9     PROTECTION PLANS; FIRE TRAINING; DISPOSITION OF USED OR OBSOLETE

1-10     EQUIPMENT.  (a)  The director, under the supervision of the board,

1-11     may  cooperate on forestry projects with the National Forest

1-12     Service and other federal agencies; and, subject to the

1-13     authorization of the board, he may execute agreements relating to

1-14     forest protection projects in cooperation with federal agencies and

1-15     timberland owners and may also execute agreements with timberland

1-16     owners involving supervision of forest protection and forest

1-17     development projects when the projects are developed with the aid

1-18     of loans from a federal agency and when the supervision by the

1-19     state is required by federal statute or is deemed necessary by the

1-20     federal agency.

1-21           (b)  Under the supervision of the board, the director may:

 2-1                 (1)  [is further authorized to] cooperate in the

 2-2     development of rural fire protection plans;

 2-3                 (2)  [, to] provide training in suppression of fires;

 2-4     [,] and

 2-5                 (3)  [to] sell, lend, or otherwise make available to

 2-6     volunteer fire departments used or [organized fire fighting groups]

 2-7     obsolete fire control or fire rescue equipment  available to the

 2-8     Texas Forest Service, including federal excess or surplus property.

 2-9           (c)  A person may donate used or obsolete fire control or

2-10     fire rescue equipment to the Texas Forest Service for the service's

2-11     use or the service's distribution to other volunteer fire

2-12     departments.

2-13           (d)  A person is not liable in civil damages for personal

2-14     injury, property damage, or death resulting from a defect in

2-15     equipment donated in good faith by the person under this section

2-16     unless the person's act or omission proximately causing the claim,

2-17     damage, or loss constitutes gross negligence, recklessness, or

2-18     intentional misconduct.  The Texas Forest Service and its director

2-19     and other officers and employees are not liable in civil damages

2-20     for personal injury, property damage, or death resulting from a

2-21     defect in equipment sold, loaned, or otherwise made available in

2-22     good faith by the director under this section unless the act or

2-23     omission of the service or its director, officer, or employee

2-24     proximately causing the claim, damage, or loss constitutes malice,

2-25     gross negligence, recklessness, or intentional misconduct.

2-26           (e)  In this section, "fire control or fire rescue equipment"

2-27     includes a vehicle, fire fighting tool, protective gear, breathing

2-28     apparatus, and other supplies and tools used in fire fighting or

2-29     fire rescue.  A breathing apparatus that is donated to the Texas

2-30     Forest Service will be recertified to manufacturer's specifications

 3-1     before it is made available to an authorized group by a technician

 3-2     certified by the manufacturer.

 3-3           SECTION 2.  This Act takes effect September 1, 1997, and

 3-4     applies only to a cause of action that accrues on or after that

 3-5     date.  An action that accrued before the effective date of this Act

 3-6     is governed by the law in effect at the time the action accrued,

 3-7     and that law is continued in effect for that purpose.

 3-8           SECTION 3.  The importance of this legislation and the

 3-9     crowded condition of the calendars in both houses create an

3-10     emergency and an imperative public necessity that the

3-11     constitutional rule requiring bills to be read on three several

3-12     days in each house be suspended, and this rule is hereby suspended.