1-1 AN ACT
1-2 relating to dry fire hydrants.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 93, Civil Practice and Remedies Code, is
1-5 amended to read as follows:
1-6 CHAPTER 93. ASSUMPTION OF THE RISK
1-7 AND CERTAIN OTHER AFFIRMATIVE DEFENSES
1-8 Sec. 93.001. ASSUMPTION OF THE RISK: AFFIRMATIVE DEFENSE.
1-9 (a) It is an affirmative defense to a civil action for damages for
1-10 personal injury or death that the plaintiff, at the time the cause
1-11 of action arose, was:
1-12 (1) committing a felony, for which the plaintiff
1-13 [plantiff] has been finally convicted, that was the sole cause of
1-14 the damages sustained by the plaintiff; or
1-15 (2) committing or attempting to commit suicide, and
1-16 the plaintiff's conduct in committing or attempting to commit
1-17 suicide was the sole cause of the damages sustained; provided,
1-18 however, if the suicide or attempted suicide was caused in whole or
1-19 in part by a failure on the part of any defendant to comply with an
1-20 applicable legal standard, then such suicide or attempted suicide
1-21 shall not be a defense.
1-22 (b) This section [chapter] does not apply in any action
1-23 brought by an employee, or the surviving beneficiaries of an
1-24 employee, under the Workers' Compensation Law of Texas, or in an
2-1 action against an insurer based on a contract of insurance, a
2-2 statute, or common law.
2-3 (c) In an action to which this section [chapter] applies,
2-4 this section [chapter] shall prevail over any other law.
2-5 Sec. 93.002. DRY FIRE HYDRANTS: AFFIRMATIVE DEFENSE.
2-6 (a) It is an affirmative defense to a civil action for damages
2-7 brought against a defendant who is an owner, lessee, or occupant of
2-8 real property who permits a fire-fighting agency to connect a dry
2-9 fire hydrant to a source of water on the property or to install a
2-10 dry fire hydrant on the property that the damages arise from:
2-11 (1) the condition or use of the dry fire hydrant;
2-12 (2) the installation or maintenance of the dry fire
2-13 hydrant; or
2-14 (3) the failure of the water source to contain an
2-15 adequate supply of water during a fire.
2-16 (b) This section does not apply to:
2-17 (1) an action for damages arising from an act or
2-18 omission of the owner, lessee, or occupant of real property that is
2-19 intentional, wilfully or wantonly negligent, or done with conscious
2-20 indifference or reckless disregard for the safety of others; or
2-21 (2) an action for damages arising from a condition of
2-22 the real property on which the dry fire hydrant is located.
2-23 (c) In this section:
2-24 (1) "Dry fire hydrant" means a fire hydrant that is
2-25 connected to a stock tank, pond, or other similar source of water
2-26 from which water is pumped in case of fire.
2-27 (2) "Fire-fighting agency" means any entity that
3-1 provides fire-fighting services, including:
3-2 (A) a volunteer fire department; and
3-3 (B) a political subdivision of this state
3-4 authorized to provide fire-fighting services.
3-5 SECTION 2. Chapter 2, Property Code, is amended by adding
3-6 Section 2.002 to read as follows:
3-7 Sec. 2.002. DRY FIRE HYDRANTS: AGREEMENT IS PERSONAL.
3-8 (a) An agreement between an owner, lessee, or occupant of real
3-9 property and a fire-fighting agency relating to the connection of a
3-10 dry fire hydrant to a source of water on the property or the
3-11 installation of a dry fire hydrant on the property may not bind a
3-12 subsequent owner, lessee, or occupant of the real property.
3-13 (b) In this section:
3-14 (1) "Dry fire hydrant" means a fire hydrant that is
3-15 connected to a stock tank, pond, or other similar source of water
3-16 from which water is pumped in case of fire.
3-17 (2) "Fire-fighting agency" means any entity that
3-18 provides fire-fighting services, including:
3-19 (A) a volunteer fire department; and
3-20 (B) a political subdivision of this state
3-21 authorized to provide fire-fighting services.
3-22 SECTION 3. Section 93.002, Civil Practice and Remedies Code,
3-23 as added by this Act, applies only to a cause of action that
3-24 accrues on or after the effective date of this Act. A cause of
3-25 action that accrues before the effective date of this Act is
3-26 governed by the law applicable to the cause of action immediately
3-27 before the effective date of this Act and that law is continued in
4-1 effect for that purpose.
4-2 SECTION 4. Section 2.002, Property Code, as added by this
4-3 Act, applies only to an agreement entered into on or after the
4-4 effective date of this Act.
4-5 SECTION 5. This Act takes effect September 1, 1997.
4-6 SECTION 6. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1602 was passed by the House on April
3, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1602 on May 15, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1602 was passed by the Senate, with
amendments, on May 13, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor