HBA-CMT H.B. 785 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 785 By: Isett Civil Practices 7/7/25/2001 Enrolled BACKGROUND AND PURPOSE The Government Code allows political units to enter into interlocal agreements. These types of agreements include garbage collection, right of way maintenance, library support and use, and mutual aid agreements. Prior to the 77th Legislature, the Government Code provided that if a governmental unit contracted to furnish or obtain fire protection, the governmental unit that would be responsible for furnishing these services in the absence of a contract was responsible for any civil liability that arose. This meant that even if a contract was present, the requester bore liability. House Bill 785 sets forth provisions relating to the liability for performing services of a fire department or law enforcement service for another governmental unit. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 785 amends the Government Code to set forth that if governmental units enter into an interlocal cooperation contract to furnish or obtain services of a fire department, the governmental unit that would have been responsible for furnishing the services in the absence of the contract is responsible for any civil liability that arises from the furnishing of those services. The bill sets forth that, in the absence of a contract, if a municipality or county furnishes law enforcement services to another municipality or county, the governmental unit that requests and obtains the services is responsible for any civil liability that arises from the furnishing of those services. The bill provides that the provisions of the bill do not change the liability limits and immunities for a governmental unit provided by the Texas Tort Claims Act or other state law. EFFECTIVE DATE September 1, 2001.