1-1 AN ACT 1-2 relating to certain contracts for fire hydrant service. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 2, Chapter 76, Acts of the 43rd 1-5 Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's 1-6 Texas Civil Statutes), is amended by adding Subsections (e) and (f) 1-7 to read as follows: 1-8 (e) Water supply and sewer service corporations may enter 1-9 into a contract with a municipality or a volunteer fire department 1-10 under which the water supply or sewer service corporation may 1-11 supply water either to municipally owned fire hydrants or to water 1-12 supply or sewer service corporation fire hydrants for the purposes 1-13 of fire suppression by the municipality's fire department or a 1-14 volunteer fire department. The contract shall be under such terms 1-15 and conditions as shall be mutually beneficial to the contracting 1-16 parties. 1-17 (f) The furnishing of a water supply and fire hydrant 1-18 equipment by a municipality or a volunteer fire department directly 1-19 or through another entity by a lease, contract, or any other manner 1-20 is an essential governmental function and not a proprietary 1-21 function for all purposes, including the application of Chapter 1-22 101, Civil Practice and Remedies Code. A water supply or sewer 1-23 service corporation that contracts with a municipality or volunteer 1-24 fire department to provide a water supply or fire hydrant equipment 2-1 shall be liable for damages only to the extent that the 2-2 municipality or volunteer fire department would be liable if the 2-3 municipality or volunteer fire department were performing the 2-4 governmental function directly. 2-5 SECTION 2. The importance of this legislation and the 2-6 crowded condition of the calendars in both houses create an 2-7 emergency and an imperative public necessity that the 2-8 constitutional rule requiring bills to be read on three several 2-9 days in each house be suspended, and this rule is hereby suspended, 2-10 and that this Act take effect and be in force from and after its 2-11 passage, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1217 was passed by the House on April 10, 1997, by the following vote: Yeas 144, Nays 0, 1 present, not voting; and that the House concurred in Senate amendments to H.B. No. 1217 on May 19, 1997, by the following vote: Yeas 142, Nays 0, 2 present, not voting. _______________________________ Chief Clerk of the House I certify that H.B. No. 1217 was passed by the Senate, with amendments, on May 15, 1997, by the following vote: Yeas 31, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor