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