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

         Counts, Hupp, et al. 

      75R3610 JRD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to used fire control or fire rescue equipment donated to

 1-3     or made available by the Texas Forest Service.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 88.106, Education Code, is amended to

 1-6     read as follows:

 1-7           Sec. 88.106.  COOPERATION WITH FEDERAL AGENCIES; RURAL FIRE

 1-8     PROTECTION PLANS; FIRE TRAINING; DISPOSITION OF USED OR OBSOLETE

 1-9     EQUIPMENT.  (a)  The director, under the supervision of the board,

1-10     may  cooperate on forestry projects with the National Forest

1-11     Service and other federal agencies; and, subject to the

1-12     authorization of the board, he may execute agreements relating to

1-13     forest protection projects in cooperation with federal agencies and

1-14     timberland owners and may also execute agreements with timberland

1-15     owners involving supervision of forest protection and forest

1-16     development projects when the projects are developed with the aid

1-17     of loans from a federal agency and when the supervision by the

1-18     state is required by federal statute or is deemed necessary by the

1-19     federal agency.

1-20           (b)  Under the supervision of the board, the director may:

1-21                 (1)  [is further authorized to] cooperate in the

1-22     development of rural fire protection plans;

1-23                 (2)  [, to] provide training in suppression of fires;

1-24     [,] and

 2-1                 (3)  [to] sell, lend, or otherwise make available to

 2-2     organized fire fighting groups used or obsolete fire control or

 2-3     fire rescue equipment  available to the Texas Forest Service,

 2-4     including federal excess or surplus property.

 2-5           (c)  A person may donate used or obsolete fire control or

 2-6     fire rescue equipment to the Texas Forest Service for the service's

 2-7     use or the service's distribution to other organized fire fighting

 2-8     groups.

 2-9           (d)  A person is not liable in civil damages for personal

2-10     injury, property damage, or death resulting from a defect in

2-11     equipment donated in good  faith by the person under this section

2-12     unless the person's act or omission proximately causing the claim,

2-13     damage, or loss constitutes gross negligence, recklessness, or

2-14     intentional misconduct.  The Texas Forest Service and its director

2-15     and other officers and employees are not liable in civil damages

2-16     for personal injury, property damage, or death resulting from a

2-17     defect in equipment sold, loaned, or otherwise made available in

2-18     good faith by the director under this section unless the act or

2-19     omission of the service or its director, officer, or employee

2-20     proximately causing the claim, damage, or loss constitutes gross

2-21     negligence, recklessness, or intentional misconduct.

2-22           (e)  In this section, "fire control or fire rescue equipment"

2-23     includes a vehicle, fire fighting tool, protective gear, breathing

2-24     apparatus, and other supplies and tools used in fire fighting or

2-25     fire rescue.

2-26           SECTION 2.  This Act takes effect September 1, 1997, and

2-27     applies only to a cause of action that accrues on or after that

 3-1     date.  An action that accrued before the effective date of this Act

 3-2     is governed by the law in effect at the time the action accrued,

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

 3-4           SECTION 3.  The importance of this legislation and the

 3-5     crowded condition of the calendars in both houses create an

 3-6     emergency and an imperative public necessity that the

 3-7     constitutional rule requiring bills to be read on three several

 3-8     days in each house be suspended, and this rule is hereby suspended.