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. 1-60 * * * * *