By Berlanga, Luna, Seaman, Hawley                     H.B. No. 3052

         75R8834 DLF-F                           

                                A BILL TO BE ENTITLED

 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 fighter" means an employee of a nonprofit

1-17     fire department.

1-18                 (2)  "Governmental unit" has the meaning assigned by

1-19     Chapter 101.

1-20                 (3)  "Nonprofit fire department" means a nonprofit

1-21     organization that is:

1-22                       (A)  exempt from federal income tax under Section

1-23     501(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section

1-24     501(a)) by being listed as an exempt organization in Section

 2-1     501(c)(4) of that code;

 2-2                       (B)  composed of member owners; and

 2-3                       (C)  organized to offer and provide:

 2-4                             (i)  fire protection, prevention, and

 2-5     inspection services; and

 2-6                             (ii)  emergency response services,

 2-7     including rescue, emergency medical, and hazardous material

 2-8     response services.

 2-9           Sec. 78.052.  APPLICABILITY OF SUBCHAPTER: MARINE FIRE

2-10     EMERGENCY.  This subchapter applies only to damages for personal

2-11     injury, death, or property damage arising from an error or omission

2-12     of:

2-13                 (1)  a nonprofit fire department providing services to

2-14     respond to marine fire emergencies under contract to a governmental

2-15     unit, if the error or omission occurs in responding to a marine

2-16     fire emergency:

2-17                       (A)  on the navigable waters of this state; or

2-18                       (B)  in any place into which a vessel enters or

2-19     from which a vessel departs the waterway leading to that place from

2-20     the Gulf of Mexico or the Gulf Intracoastal Waterway; or

2-21                 (2)  a fire fighter providing services described by

2-22     Subdivision (1).

2-23           Sec. 78.053.  LIABILITY.  (a)  A nonprofit fire department is

2-24     liable for damages described by Section 78.052 only to the extent

2-25     that the governmental unit with which the nonprofit fire department

2-26     is contracting would be liable under Chapter 101.

2-27           (b)  Section 101.106 applies to a claimant in a suit against

 3-1     a fire fighter as if the fire fighter were an employee of a

 3-2     governmental unit and the nonprofit fire department were a

 3-3     governmental unit.

 3-4           Sec. 78.054.  INDIVIDUAL IMMUNITIES.  A fire fighter is

 3-5     liable for damages described by Section 78.052 only to the extent

 3-6     an analogous employee of the governmental unit with which the

 3-7     nonprofit fire department is contracting would be liable and is

 3-8     entitled to the common law immunities applicable to the employee of

 3-9     the governmental unit.

3-10           SECTION 2.  This Act applies only to a cause of action that

3-11     accrues on or after the effective date of this Act.  A cause of

3-12     action that accrues before the effective date of this Act is

3-13     governed by the law as it existed immediately before the effective

3-14     date of this Act, and that law is continued in effect for this

3-15     purpose.

3-16           SECTION 3.  This Act takes effect September 1, 1997.

3-17           SECTION 4.  The importance of this legislation and the

3-18     crowded condition of the calendars in both houses create an

3-19     emergency and an imperative public necessity that the

3-20     constitutional rule requiring bills to be read on three several

3-21     days in each house be suspended, and this rule is hereby suspended.