1-1     By Gutierrez, et al.                                  H.B. No. 1217

 1-2     75R3565 JJT-D                           

 1-3                                   AN ACT

 1-4     relating to contracts for fire hydrant service made with a water

 1-5     supply and sewer service corporation.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Section 2, Chapter 76, Acts of the 43rd

 1-8     Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's

 1-9     Texas Civil Statutes), is amended by adding Subsections (e) and (f)

1-10     to read as follows:

1-11           (e)  A municipality or a volunteer fire department may

1-12     contract with a water supply corporation to supply water or fire

1-13     hydrants to facilitate fire suppression by the municipal fire

1-14     department or volunteer fire department.  A contract made under

1-15     this section must be on terms that are beneficial to all parties to

1-16     the contract.

1-17           (f)  For all purposes, including the application of Chapter

1-18     101, Civil Practice and Remedies Code, an action a municipality or

1-19     volunteer fire department  takes to provide water or equipment for

1-20     fire hydrants through a lease, contract, or other method is an

1-21     essential governmental function and is not a proprietary function.

1-22     A water supply corporation that supplies water or equipment  under

1-23     a contract made with a municipality or volunteer fire department

1-24     under Subsection (e) of this section may not be held liable for

1-25     damages that arise from those actions to an extent greater than the

1-26     municipality or volunteer fire department may be held liable if the

1-27     municipality or volunteer fire department supplied the water or

1-28     equipment directly.

1-29           SECTION 2.  The importance of this legislation and the

1-30     crowded condition of the calendars in both houses create an

1-31     emergency and an imperative public necessity that the

1-32     constitutional rule requiring bills to be read on three several

1-33     days in each house be suspended, and this rule is hereby suspended,

 2-1     and that this Act take effect and be in force from and after its

 2-2     passage, and it is so enacted.