1-1 By: Berlanga, et al. (Senate Sponsor - Truan) H.B. No. 3052
1-2 (In the Senate - Received from the House May 8, 1997;
1-3 May 9, 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 marine fire-fighting entities.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Chapter 78, Civil Practice and Remedies Code, is
1-11 amended to read as follows:
1-12 CHAPTER 78. CERTAIN [VOLUNTEER] FIRE FIGHTERS
1-13 AND FIRE-FIGHTING ENTITIES
1-14 SUBCHAPTER A. VOLUNTEER FIRE FIGHTERS AND FIRE DEPARTMENTS
1-15 Sec. 78.001. LIABILITY. A volunteer fire fighter or a
1-16 volunteer fire department is not liable for damage to property
1-17 resulting from the fire fighter's or the department's reasonable
1-18 and necessary action in fighting or extinguishing a fire on the
1-19 property.
1-20 SUBCHAPTER B. MARINE FIRE-FIGHTING SERVICES
1-21 Sec. 78.051. DEFINITIONS. In this subchapter:
1-22 (1) "Fire fighter" means an employee of a nonprofit
1-23 fire department.
1-24 (2) "Governmental unit" has the meaning assigned by
1-25 Chapter 101.
1-26 (3) "Nonprofit fire department" means a nonprofit
1-27 organization that is:
1-28 (A) exempt from federal income tax under Section
1-29 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section
1-30 501(a)) by being listed as an exempt organization in Section
1-31 501(c)(4) of that code;
1-32 (B) composed of member owners; and
1-33 (C) organized to offer and provide:
1-34 (i) fire protection, prevention, and
1-35 inspection services; and
1-36 (ii) emergency response services,
1-37 including rescue, emergency medical, and hazardous material
1-38 response services.
1-39 Sec. 78.052. APPLICABILITY OF SUBCHAPTER: MARINE FIRE
1-40 EMERGENCY. This subchapter applies only to damages for personal
1-41 injury, death, or property damage arising from an error or omission
1-42 of:
1-43 (1) a nonprofit fire department providing services to
1-44 respond to marine fire emergencies under contract to a governmental
1-45 unit, if the error or omission occurs in responding to a marine
1-46 fire emergency:
1-47 (A) on the navigable waters of this state; or
1-48 (B) in any place into which a vessel enters or
1-49 from which a vessel departs the waterway leading to that place from
1-50 the Gulf of Mexico or the Gulf Intracoastal Waterway; or
1-51 (2) a fire fighter providing services described by
1-52 Subdivision (1).
1-53 Sec. 78.053. LIABILITY. (a) A nonprofit fire department is
1-54 liable for damages described by Section 78.052 only to the extent
1-55 that the governmental unit with which the nonprofit fire department
1-56 is contracting would be liable under Chapter 101.
1-57 (b) Section 101.106 applies to a claimant in a suit against
1-58 a fire fighter as if the fire fighter were an employee of a
1-59 governmental unit and the nonprofit fire department were a
1-60 governmental unit.
1-61 Sec. 78.054. INDIVIDUAL IMMUNITIES. A fire fighter is
1-62 liable for damages described by Section 78.052 only to the extent
1-63 an analogous employee of the governmental unit with which the
1-64 nonprofit fire department is contracting would be liable and is
2-1 entitled to the common law immunities applicable to the employee of
2-2 the governmental unit.
2-3 SECTION 2. This Act applies only to a cause of action that
2-4 accrues on or after the effective date of this Act. A cause of
2-5 action that accrues before the effective date of this Act is
2-6 governed by the law as it existed immediately before the effective
2-7 date of this Act, and that law is continued in effect for this
2-8 purpose.
2-9 SECTION 3. This Act takes effect September 1, 1997.
2-10 SECTION 4. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.
2-15 * * * * *