By:  Madla                                   S.B. No. 1180

         97S0778/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the liability status of police officers and

 1-2     firefighters when they are performing their duties.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter I, Chapter 143, Local Government Code,

 1-5     is amended by adding Section 143.314 to read as follows:

 1-6           Sec. 143.314.  LIABILITY STATUS OF FIREFIGHTERS AND POLICE

 1-7     OFFICERS.  For purposes of liability, a firefighter or police

 1-8     officer is considered to be a business invitee when the firefighter

 1-9     or police officer is performing the firefighter's or police

1-10     officer's duties.

1-11           SECTION 2.  Firefighters or police officers are to be

1-12     considered invitees for subrogation purposes when municipalities

1-13     seek subrogation for any money that the municipalities have

1-14     expended on behalf of the firefighters or police officers.

1-15           SECTION 3.  This Act takes effect September 1, 1997.

1-16           SECTION 4.  The importance of this legislation and the

1-17     crowded condition of the calendars in both houses create an

1-18     emergency and an imperative public necessity that the

1-19     constitutional rule requiring bills to be read on three several

1-20     days in each house be suspended, and this rule is hereby suspended.