1-1           By:  Ogden, Haywood                              S.B. No. 675

 1-2           (In the Senate - Filed February 20, 1997; February 24, 1997,

 1-3     read first time and referred to Committee on Jurisprudence;

 1-4     March 11, 1997, reported favorably, as amended, by the following

 1-5     vote:  Yeas 7, Nays 0; March 11, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                        By:  Ogden, Duncan

 1-7     Amend S.B. No. 675, Section 88.106(d), on page 1 at line 55 by

 1-8     inserting the word "malice," after the word "constitutes".

 1-9     COMMITTEE AMENDMENT NO. 2                                By:  Ogden

1-10     Amend S.B. No. 675 as follows:

1-11           (1)  On page 1, line 44 and lines 49-50, strike, "organized

1-12     fire fighting groups" and replace it with "volunteer fire

1-13     departments"

1-14           (2)  On page 2, line 7, add:

1-15           "(f)  A breathing apparatus that is donated to the Texas

1-16     Forest Service will be recertified to manufacturer's specifications

1-17     before it is made available to an authorized group by a technician

1-18     certified by the manufacturer."

1-19                            A BILL TO BE ENTITLED

1-20                                   AN ACT

1-21     relating to used fire control or fire rescue equipment donated to

1-22     or made available by the Texas Forest Service.

1-23           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-24           SECTION 1.  Section 88.106, Education Code, is amended to

1-25     read as follows:

1-26           Sec. 88.106.  COOPERATION WITH FEDERAL AGENCIES; RURAL FIRE

1-27     PROTECTION PLANS; FIRE TRAINING; DISPOSITION OF USED OR OBSOLETE

1-28     EQUIPMENT.  (a)  The director, under the supervision of the board,

1-29     may cooperate on forestry projects with the National Forest Service

1-30     and other federal agencies; and, subject to the authorization of

1-31     the board, he may execute agreements relating to forest protection

1-32     projects in cooperation with federal agencies and timberland owners

1-33     and may also execute agreements with timberland owners involving

1-34     supervision of forest protection and forest development projects

1-35     when the projects are developed with the aid of loans from a

1-36     federal agency and when the supervision by the state is required by

1-37     federal statute or is deemed necessary by the federal agency.

1-38           (b)  Under the supervision of the board, the director may:

1-39                 (1)  [is further authorized to] cooperate in the

1-40     development of rural fire protection plans;

1-41                 (2)  [, to] provide training in suppression of fires;

1-42     [,] and

1-43                 (3)  [to] sell, lend, or otherwise make available to

1-44     organized fire fighting groups used or obsolete fire control or

1-45     fire rescue equipment available to the Texas Forest Service,

1-46     including federal excess or surplus property.

1-47           (c)  A person may donate used or obsolete fire control or

1-48     fire rescue equipment to the Texas Forest Service for the service's

1-49     use or the service's distribution to other organized fire fighting

1-50     groups.

1-51           (d)  A person is not liable in civil damages for personal

1-52     injury, property damage, or death resulting from a defect in

1-53     equipment donated in good faith by the person under this section

1-54     unless the person's act or omission proximately causing the claim,

1-55     damage, or loss constitutes gross negligence, recklessness, or

1-56     intentional misconduct.  The Texas Forest Service and its director

1-57     and other officers and employees are not liable in civil damages

1-58     for personal injury, property damage, or death resulting from a

1-59     defect in equipment sold, loaned, or otherwise made available in

1-60     good faith by the director under this section unless the act or

1-61     omission of the service or its director, officer, or employee

 2-1     proximately causing the claim, damage, or loss constitutes gross

 2-2     negligence, recklessness, or intentional misconduct.

 2-3           (e)  In this section, "fire control or fire rescue equipment"

 2-4     includes a vehicle, fire fighting tool, protective gear, breathing

 2-5     apparatus, and other supplies and tools used in fire fighting or

 2-6     fire rescue.

 2-7           SECTION 2.  This Act takes effect September 1, 1997, and

 2-8     applies only to a cause of action that accrues on or after that

 2-9     date.  An action that accrued before the effective date of this Act

2-10     is governed by the law in effect at the time the action accrued,

2-11     and that law is continued in effect for that purpose.

2-12           SECTION 3.  The importance of this legislation and the

2-13     crowded condition of the calendars in both houses create an

2-14     emergency and an imperative public necessity that the

2-15     constitutional rule requiring bills to be read on three several

2-16     days in each house be suspended, and this rule is hereby suspended.

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