By Kamel, Glaze, Swinford, Ramsay, Chisum       H.B. No. 1602

      75R6299 DLF-D                           

                                A BILL TO BE ENTITLED

 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.  Title 4, Civil Practice and Remedies Code, is

 1-5     amended by adding Chapter 98 to read as follows:

 1-6                       CHAPTER 98.  DRY FIRE HYDRANTS

 1-7           Sec. 98.001.  DEFINITIONS.  In this chapter:

 1-8                 (1)  "Dry fire hydrant"  means a fire hydrant that is

 1-9     connected to a stock tank, pond, or other similar source of water

1-10     from which water is pumped in case of  fire.

1-11                 (2)  "Fire-fighting agency" means any entity that

1-12     provides fire-fighting services, including:

1-13                       (A)  a volunteer fire department; and

1-14                       (B)  a political subdivision of this state

1-15     authorized to provide fire-fighting services.

1-16           Sec. 98.002.  IMMUNITY FROM LIABILITY.  (a)  An owner,

1-17     lessee, or occupant of real property who permits a fire-fighting

1-18     agency to connect a dry fire hydrant to a source of water on the

1-19     property or to install a dry fire hydrant on the property is not

1-20     liable for damages for personal injury, death, or injury to or

1-21     destruction of property arising from:

1-22                 (1)  installation or connection of the dry fire hydrant

1-23     or  maintenance or use of the dry fire hydrant;

1-24                 (2)  a fire with respect to which the dry fire hydrant

 2-1     is used; or

 2-2                 (3)  the failure of the water source to contain an

 2-3     adequate supply of water during a fire.

 2-4           (b)  This section does not apply to damages arising from an

 2-5     act or omission that is intentional, wilfully or wantonly

 2-6     negligent, or done with conscious indifference or reckless

 2-7     disregard for the safety of others.

 2-8           Sec. 98.003.  AGREEMENT IS PERSONAL.  An agreement between an

 2-9     owner, lessee, or occupant of real property and a fire-fighting

2-10     agency relating to the connection of a dry fire hydrant to a source

2-11     of water on the property or the installation of a dry fire hydrant

2-12     on the property  may not bind a subsequent owner, lessee, or

2-13     occupant of the real property.

2-14           SECTION 2.  Section 98.002, Civil Practice and Remedies Code,

2-15     as added by this Act, applies only to a cause of action that

2-16     accrues on or after the effective date of this Act.  A cause of

2-17     action that accrues before the effective date of this Act is

2-18     governed by the law applicable to the cause of action immediately

2-19     before the effective date of this Act and that law is continued in

2-20     effect for that purpose.

2-21           SECTION 3.  Section 98.003, Civil Practice and Remedies Code,

2-22     as added by this Act, applies only to an agreement entered into on

2-23     or after the effective date of this Act.

2-24           SECTION 4.  This Act takes effect September 1, 1997.

2-25           SECTION 5.  The importance of this legislation and the

2-26     crowded condition of the calendars in both houses create an

2-27     emergency and an imperative public necessity that the

 3-1     constitutional rule requiring bills to be read on three several

 3-2     days in each house be suspended, and this rule is hereby suspended.