1-1 AN ACT
1-2 relating to the liability of certain marine fire-fighting entities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 78, Civil Practice and Remedies Code, is
1-5 amended to read as follows:
1-6 CHAPTER 78. CERTAIN [VOLUNTEER] FIRE FIGHTERS
1-7 AND FIRE-FIGHTING ENTITIES
1-8 SUBCHAPTER A. VOLUNTEER FIRE FIGHTERS AND FIRE DEPARTMENTS
1-9 Sec. 78.001. LIABILITY. A volunteer fire fighter or a
1-10 volunteer fire department is not liable for damage to property
1-11 resulting from the fire fighter's or the department's reasonable
1-12 and necessary action in fighting or extinguishing a fire on the
1-13 property.
1-14 SUBCHAPTER B. MARINE FIRE-FIGHTING SERVICES
1-15 Sec. 78.051. DEFINITIONS. In this subchapter:
1-16 (1) "Fire emergency" means an emergency response
1-17 involving fire protection or prevention, rescue, emergency medical,
1-18 or hazardous material response services.
1-19 (2) "Fire fighter" means an employee of a nonprofit
1-20 fire department.
1-21 (3) "Governmental unit" has the meaning assigned by
1-22 Chapter 101.
1-23 (4) "Nonprofit fire department" means a nonprofit
1-24 organization that is:
2-1 (A) exempt from federal income tax under Section
2-2 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section
2-3 501(a)) by being listed as an exempt organization in Section
2-4 501(c)(4) of that code;
2-5 (B) composed of member owners; and
2-6 (C) organized to offer and provide:
2-7 (i) fire protection, prevention, and
2-8 inspection services; and
2-9 (ii) emergency response services,
2-10 including rescue, emergency medical, and hazardous material
2-11 response services.
2-12 Sec. 78.052. APPLICABILITY OF SUBCHAPTER: MARINE FIRE
2-13 EMERGENCY. This subchapter applies only to damages for personal
2-14 injury, death, or property damage arising from an error or omission
2-15 of:
2-16 (1) a nonprofit fire department providing services to
2-17 respond to marine fire emergencies under contract to a governmental
2-18 unit, if the error or omission occurs in responding to a marine
2-19 fire emergency:
2-20 (A) on the navigable waters of this state;
2-21 (B) in any place into which a vessel enters or
2-22 from which a vessel departs the waterway leading to that place from
2-23 the Gulf of Mexico or the Gulf Intracoastal Waterway;
2-24 (C) on property owned or under the control of
2-25 the governmental unit; or
2-26 (D) at the request of the governmental unit in
2-27 the interest of public safety; or
3-1 (2) a fire fighter providing services described by
3-2 Subdivision (1).
3-3 Sec. 78.053. LIABILITY. (a) A nonprofit fire department is
3-4 liable for damages described by Section 78.052 only to the extent
3-5 that the governmental unit with which the nonprofit fire department
3-6 is contracting would be liable under Chapter 101.
3-7 (b) Section 101.106 applies to a claimant in a suit against
3-8 a fire fighter as if the fire fighter were an employee of a
3-9 governmental unit and the nonprofit fire department were a
3-10 governmental unit.
3-11 Sec. 78.054. INDIVIDUAL IMMUNITIES. A fire fighter is
3-12 liable for damages described by Section 78.052 only to the extent
3-13 an analogous employee of the governmental unit with which the
3-14 nonprofit fire department is contracting would be liable and is
3-15 entitled to the common law immunities applicable to the employee of
3-16 the governmental unit.
3-17 SECTION 2. This Act applies only to a cause of action that
3-18 accrues on or after the effective date of this Act. A cause of
3-19 action that accrues before the effective date of this Act is
3-20 governed by the law as it existed immediately before the effective
3-21 date of this Act, and that law is continued in effect for this
3-22 purpose.
3-23 SECTION 3. This Act takes effect September 1, 1997.
3-24 SECTION 4. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3052 was passed by the House on May
7, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3052 on May 23, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3052 was passed by the Senate, with
amendments, on May 21, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor