1-1 By: Gutierrez, et al. (Senate Sponsor - Lucio) H.B. No. 1217 1-2 (In the Senate - Received from the House April 11, 1997; 1-3 April 14, 1997, read first time and referred to Committee on 1-4 Intergovernmental Relations; May 6, 1997, reported adversely, with 1-5 favorable Committee Substitute by the following vote: Yeas 9, Nays 1-6 0; May 6, 1997, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1217 By: Lucio 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to certain contracts for fire hydrant service. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Section 2, Chapter 76, Acts of the 43rd 1-13 Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's 1-14 Texas Civil Statutes), is amended by adding Subsections (e) and (f) 1-15 to read as follows: 1-16 (e) Water supply and sewer service corporations may enter 1-17 into a contract with a municipality or a volunteer fire department 1-18 under which the water supply or sewer service corporation may 1-19 supply water either to municipally owned fire hydrants or to water 1-20 supply or sewer service corporation fire hydrants for the purposes 1-21 of fire suppression by the municipality's fire department or a 1-22 volunteer fire department. The contract shall be under such terms 1-23 and conditions as shall be mutually beneficial to the contracting 1-24 parties. 1-25 (f) The furnishing of a water supply and fire hydrant 1-26 equipment by a municipality or a volunteer fire department directly 1-27 or through another entity by a lease, contract, or any other manner 1-28 is an essential governmental function and not a proprietary 1-29 function for all purposes, including the application of Chapter 1-30 101, Civil Practice and Remedies Code. A water supply or sewer 1-31 service corporation that contracts with a municipality or volunteer 1-32 fire department to provide a water supply or fire hydrant equipment 1-33 shall be liable for damages only to the extent that the 1-34 municipality or volunteer fire department would be liable if the 1-35 municipality or volunteer fire department were performing the 1-36 governmental function directly. 1-37 SECTION 2. The importance of this legislation and the 1-38 crowded condition of the calendars in both houses create an 1-39 emergency and an imperative public necessity that the 1-40 constitutional rule requiring bills to be read on three several 1-41 days in each house be suspended, and this rule is hereby suspended, 1-42 and that this Act take effect and be in force from and after its 1-43 passage, and it is so enacted. 1-44 * * * * *