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.

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