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