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.

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