1-1     By:  Turner of Coleman, et al. (Senate Sponsor-Ogden)  H.B. No. 680

 1-2           (In the Senate - Received from the House March 19, 1997;

 1-3     March 24, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; April 3, 1997, reported favorably by the following

 1-5     vote:  Yeas 6, Nays 0; April 3, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to used fire control or fire rescue equipment donated to

 1-9     or made available by the Texas Forest Service.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 88.106, Education Code, is amended to

1-12     read as follows:

1-13           Sec. 88.106.  COOPERATION WITH FEDERAL AGENCIES; RURAL FIRE

1-14     PROTECTION PLANS; FIRE TRAINING; DISPOSITION OF USED OR OBSOLETE

1-15     EQUIPMENT.  (a)  The director, under the supervision of the board,

1-16     may  cooperate on forestry projects with the National Forest

1-17     Service and other federal agencies; and, subject to the

1-18     authorization of the board, he may execute agreements relating to

1-19     forest protection projects in cooperation with federal agencies and

1-20     timberland owners and may also execute agreements with timberland

1-21     owners involving supervision of forest protection and forest

1-22     development projects when the projects are developed with the aid

1-23     of loans from a federal agency and when the supervision by the

1-24     state is required by federal statute or is deemed necessary by the

1-25     federal agency.

1-26           (b)  Under the supervision of the board, the director may:

1-27                 (1)  [is further authorized to] cooperate in the

1-28     development of rural fire protection plans;

1-29                 (2)  [, to] provide training in suppression of fires;

1-30     [,] and

1-31                 (3)  [to] sell, lend, or otherwise make available to

1-32     volunteer fire departments used or [organized fire fighting groups]

1-33     obsolete fire control or fire rescue equipment  available to the

1-34     Texas Forest Service, including federal excess or surplus property.

1-35           (c)  A person may donate used or obsolete fire control or

1-36     fire rescue equipment to the Texas Forest Service for the service's

1-37     use or the service's distribution to other volunteer fire

1-38     departments.

1-39           (d)  A person is not liable in civil damages for personal

1-40     injury, property damage, or death resulting from a defect in

1-41     equipment donated in good faith by the person under this section

1-42     unless the person's act or omission proximately causing the claim,

1-43     damage, or loss constitutes gross negligence, recklessness, or

1-44     intentional misconduct.  The Texas Forest Service and its director

1-45     and other officers and employees are not liable in civil damages

1-46     for personal injury, property damage, or death resulting from a

1-47     defect in equipment sold, loaned, or otherwise made available in

1-48     good faith by the director under this section unless the act or

1-49     omission of the service or its director, officer, or employee

1-50     proximately causing the claim, damage, or loss constitutes malice,

1-51     gross negligence, recklessness, or intentional misconduct.

1-52           (e)  In this section, "fire control or fire rescue equipment"

1-53     includes a vehicle, fire fighting tool, protective gear, breathing

1-54     apparatus, and other supplies and tools used in fire fighting or

1-55     fire rescue.  A breathing apparatus that is donated to the Texas

1-56     Forest Service will be recertified to manufacturer's specifications

1-57     before it is made available to an authorized group by a technician

1-58     certified by the manufacturer.

1-59           SECTION 2.  This Act takes effect September 1, 1997, and

1-60     applies only to a cause of action that accrues on or after that

1-61     date.  An action that accrued before the effective date of this Act

1-62     is governed by the law in effect at the time the action accrued,

1-63     and that law is continued in effect for that purpose.

1-64           SECTION 3.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended.

 2-5                                  * * * * *