By Gutierrez, et al.                                  H.B. No. 1217

         75R3565 JJT-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to contracts for fire hydrant service made with a water

 1-3     supply and sewer service corporation.

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

 1-5           SECTION 1.  Section 2, Chapter 76, Acts of the 43rd

 1-6     Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's

 1-7     Texas Civil Statutes), is amended by adding Subsections (e) and (f)

 1-8     to read as follows:

 1-9           (e)  A municipality or a volunteer fire department may

1-10     contract with a water supply corporation to supply water or fire

1-11     hydrants to facilitate fire suppression by the municipal fire

1-12     department or volunteer fire department.  A contract made under

1-13     this section must be on terms that are beneficial to all parties to

1-14     the contract.

1-15           (f)  For all purposes, including the application of Chapter

1-16     101, Civil Practice and Remedies Code, an action a municipality or

1-17     volunteer fire department  takes to provide water or equipment for

1-18     fire hydrants through a lease, contract, or other method is an

1-19     essential governmental function and is not a proprietary function.

1-20     A water supply corporation that supplies water or equipment  under

1-21     a contract made with a municipality or volunteer fire department

1-22     under Subsection (e) of this section may not be held liable for

1-23     damages that arise from those actions to an extent greater than the

1-24     municipality or volunteer fire department may be held liable if the

 2-1     municipality or volunteer fire department supplied the water or

 2-2     equipment directly.

 2-3           SECTION 2.  The importance of this legislation and the

 2-4     crowded condition of the calendars in both houses create an

 2-5     emergency and an imperative public necessity that the

 2-6     constitutional rule requiring bills to be read on three several

 2-7     days in each house be suspended, and this rule is hereby suspended,

 2-8     and that this Act take effect and be in force from and after its

 2-9     passage, and it is so enacted.