1-1 AN ACT
1-2 relating to the liability for performing certain services for
1-3 another governmental unit.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 791.006, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 791.006. LIABILITY IN FIRE PROTECTION CONTRACT OR
1-8 PROVISION OF LAW ENFORCEMENT SERVICES. (a) If governmental units
1-9 contract under this chapter to furnish or obtain the [fire
1-10 protection] services of a fire department, the governmental unit
1-11 that would have been responsible for furnishing the services in the
1-12 absence of the contract is responsible for any civil liability that
1-13 arises from the furnishing of those services.
1-14 (b) In the absence of a contract, if a municipality or
1-15 county furnishes law enforcement services to another municipality
1-16 or county, the governmental unit that requests and obtains the
1-17 services is responsible for any civil liability that arises from
1-18 the furnishing of those services.
1-19 (c) Nothing in this section adds to or changes the liability
1-20 limits and immunities for a governmental unit provided by the Texas
1-21 Tort Claims Act, Chapter 101, Civil Practice and Remedies Code, or
1-22 other law.
1-23 SECTION 2. This Act takes effect immediately if it receives
1-24 a vote of two-thirds of all the members elected to each house, as
2-1 provided by Section 39, Article III, Texas Constitution. If this
2-2 Act does not receive the vote necessary for immediate effect, this
2-3 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 785 was passed by the House on April
18, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 785 on May 24, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 785 was passed by the Senate, with
amendments, on May 17, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor