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.