1-1     By:  Kubiak, Longoria (Senate Sponsor - Armbrister)   H.B. No. 2169

 1-2           (In the Senate - Received from the House May 16, 1997;

 1-3     May 16, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; May 18, 1997, reported favorably by the following

 1-5     vote:  Yeas 7, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the liability of certain persons and organizations that

 1-9     provide emergency services.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 101.001, Civil Practice and Remedies

1-12     Code, is amended to read as follows:

1-13           Sec. 101.001.  DEFINITIONS.  In this chapter:

1-14                 (1)  "Emergency service organization" means a volunteer

1-15     fire department, rescue squad, or an emergency medical services

1-16     provider that is:

1-17                       (A)  operated by its members; and

1-18                       (B)  exempt from state taxes by being listed as

1-19     an exempt organization under Section 151.310 or 171.083, Tax Code.

1-20                 (2)  "Employee" means a person, including an officer or

1-21     agent, who is in the paid service of a governmental unit by

1-22     competent authority, but does not include an independent

1-23     contractor, an agent or employee of an independent contractor, or a

1-24     person who performs tasks the details of which the governmental

1-25     unit does not have the legal right to control.

1-26                 (3) [(2)]  "Governmental unit" means:

1-27                       (A)  this state and all the several agencies of

1-28     government that collectively constitute the government of this

1-29     state, including other agencies bearing different designations, and

1-30     all departments, bureaus, boards, commissions, offices, agencies,

1-31     councils, and courts;

1-32                       (B)  a political subdivision of this state,

1-33     including any city, county, school district, junior college

1-34     district, levee improvement district, drainage district, irrigation

1-35     district, water improvement district, water control and improvement

1-36     district, water control and preservation district, freshwater

1-37     supply district, navigation district, conservation and reclamation

1-38     district, soil conservation district, communication district,

1-39     public health district, and river authority;

1-40                       (C)  an emergency service organization [a

1-41     volunteer fire department]; and

1-42                       (D)  any other institution, agency, or organ of

1-43     government the status and authority of which are derived from the

1-44     Constitution of Texas or from laws passed by the legislature under

1-45     the constitution.

1-46                 (4) [(3)]  "Motor-driven equipment" does not include:

1-47                       (A)  equipment used in connection with the

1-48     operation of floodgates or water release equipment by river

1-49     authorities created under the laws of this state; or

1-50                       (B)  medical equipment, such as iron lungs,

1-51     located in hospitals.

1-52                 (5) [(4)]  "Scope of employment" means the performance

1-53     for a governmental unit of the duties of an employee's office or

1-54     employment and includes being in or about the performance of a task

1-55     lawfully assigned to an employee by competent authority.

1-56                 (6) [(5)]  "State government" means an agency, board,

1-57     commission, department, or office, other than a district or

1-58     authority created under Article XVI, Section 59, of the Texas

1-59     Constitution, that:

1-60                       (A)  was created by the constitution or a statute

1-61     of this state; and

1-62                       (B)  has statewide jurisdiction.

1-63                 [(6)  "Volunteer fire department" means a fire

1-64     department that is:]

 2-1                       [(A)  operated by its members; and]

 2-2                       [(B)  exempt from federal income tax under

 2-3     Section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C.

 2-4     Section 501(a)) by being listed as an exempt organization in

 2-5     Section 501(c)(3) of that code (26 U.S.C. Section 501(c)(3)).]

 2-6           SECTION 2.  Section 101.023(d), Civil Practice and Remedies

 2-7     Code, is amended to read as follows:

 2-8           (d)  Except as provided by Section 78.001, liability of an

 2-9     emergency service organization [a volunteer fire department] under

2-10     this chapter is limited to money damages in a maximum amount of

2-11     $100,000 for each person and $300,000 for each single occurrence

2-12     for bodily injury or death and $100,000 for each single occurrence

2-13     for injury to or destruction of property.

2-14           SECTION 3.  Section 4(b), Article 21.61, Insurance Code, is

2-15     amended to read as follows:

2-16           (b)  The coverage may indemnify an official, employee,

2-17     member, or volunteer of a volunteer fire department for liability

2-18     arising from the use of a covered motor vehicle in the performance

2-19     of the fire fighting duties of the official, employee, member, or

2-20     volunteer.  The coverage must be subject to a maximum limit of

2-21     $100,000 for each person and $300,000 for each single occurrence

2-22     [damages] for bodily injury or [,] death and $100,000 for each

2-23     single occurrence for injury to or destruction of[, or] property

2-24     [damage arising out of a single occurrence].

2-25           SECTION 4.  The change in law made by this Act to Section

2-26     4(b), Article 21.61, Insurance Code, applies only to an insurance

2-27     policy that is delivered, issued for delivery, or renewed on or

2-28     after January 1, 1998.  A policy that is delivered, issued for

2-29     delivery, or renewed before January 1, 1998, is governed by the law

2-30     as it existed immediately before the effective date of this Act,

2-31     and that law is continued in effect for this purpose.

2-32           SECTION 5.  This Act takes effect on September 1, 1997, and

2-33     applies only to a cause of action that accrues on or after the

2-34     effective date of this Act.  An action that accrues before the

2-35     effective date of this Act is governed by the law applicable to the

2-36     action immediately before the effective date of this Act, and that

2-37     law is continued in effect for that purpose.

2-38           SECTION 6.  The importance of this legislation and the

2-39     crowded condition of the calendars in both houses create an

2-40     emergency and an imperative public necessity that the

2-41     constitutional rule requiring bills to be read on three several

2-42     days in each house be suspended, and this rule is hereby suspended.

2-43                                  * * * * *