1-1     By:  Kamel, et al. (Senate Sponsor - Ratliff)         H.B. No. 1602

 1-2           (In the Senate - Received from the House April 4, 1997;

 1-3     April 8, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; May 6, 1997, reported favorably by the following

 1-5     vote:  Yeas 4, Nays 1; May 6, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to dry fire hydrants.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Title 4, Civil Practice and Remedies Code, is

1-11     amended by adding Chapter 98 to read as follows:

1-12                       CHAPTER 98.  DRY FIRE HYDRANTS

1-13           Sec. 98.001.  DEFINITIONS.  In this chapter:

1-14                 (1)  "Dry fire hydrant"  means a fire hydrant that is

1-15     connected to a stock tank, pond, or other similar source of water

1-16     from which water is pumped in case of  fire.

1-17                 (2)  "Fire-fighting agency" means any entity that

1-18     provides fire-fighting services, including:

1-19                       (A)  a volunteer fire department; and

1-20                       (B)  a political subdivision of this state

1-21     authorized to provide fire-fighting services.

1-22           Sec. 98.002.  IMMUNITY FROM LIABILITY.  (a)  An owner,

1-23     lessee, or occupant of real property who permits a fire-fighting

1-24     agency to connect a dry fire hydrant to a source of water on the

1-25     property or to install a dry fire hydrant on the property is not

1-26     liable for damages for personal injury, death, or injury to or

1-27     destruction of property arising from:

1-28                 (1)  installation or connection of the dry fire hydrant

1-29     or  maintenance or use of the dry fire hydrant;

1-30                 (2)  a fire with respect to which the dry fire hydrant

1-31     is used; or

1-32                 (3)  the failure of the water source to contain an

1-33     adequate supply of water during a fire.

1-34           (b)  This section does not apply to damages arising from an

1-35     act or omission that is intentional, wilfully or wantonly

1-36     negligent, or done with conscious indifference or reckless

1-37     disregard for the safety of others.

1-38           Sec. 98.003.  AGREEMENT IS PERSONAL.  An agreement between an

1-39     owner, lessee, or occupant of real property and a fire-fighting

1-40     agency relating to the connection of a dry fire hydrant to a source

1-41     of water on the property or the installation of a dry fire hydrant

1-42     on the property  may not bind a subsequent owner, lessee, or

1-43     occupant of the real property.

1-44           SECTION 2.  Section 98.002, Civil Practice and Remedies Code,

1-45     as added by this Act, applies only to a cause of action that

1-46     accrues on or after the effective date of this Act.  A cause of

1-47     action that accrues before the effective date of this Act is

1-48     governed by the law applicable to the cause of action immediately

1-49     before the effective date of this Act and that law is continued in

1-50     effect for that purpose.

1-51           SECTION 3.  Section 98.003, Civil Practice and Remedies Code,

1-52     as added by this Act, applies only to an agreement entered into on

1-53     or after the effective date of this Act.

1-54           SECTION 4.  This Act takes effect September 1, 1997.

1-55           SECTION 5.  The importance of this legislation and the

1-56     crowded condition of the calendars in both houses create an

1-57     emergency and an imperative public necessity that the

1-58     constitutional rule requiring bills to be read on three several

1-59     days in each house be suspended, and this rule is hereby suspended.

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