By Kamel 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.