1-1 By: Isett (Senate Sponsor - Duncan) H.B. No. 785
1-2 (In the Senate - Received from the House April 19, 2001;
1-3 April 20, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 9, 2001, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 6, Nays
1-6 0; May 9, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 785 By: Lindsay
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the liability for performing certain services for
1-11 another governmental unit.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 791.006, Government Code, is amended to
1-14 read as follows:
1-15 Sec. 791.006. Liability in Fire Protection Contract or
1-16 Provision of Law Enforcement Services. (a) If governmental units
1-17 contract under this chapter to furnish or obtain the [fire
1-18 protection] services of a fire department, the governmental unit
1-19 that would have been responsible for furnishing the services in the
1-20 absence of the contract is responsible for any civil liability that
1-21 arises from the furnishing of those services.
1-22 (b) In the absence of a contract, if a municipality or
1-23 county furnishes law enforcement services to another municipality
1-24 or county, the governmental unit that requests and obtains the
1-25 services is responsible for any civil liability that arises from
1-26 the furnishing of those services.
1-27 (c) Nothing in this section adds to or changes the liability
1-28 limits and immunities for a governmental unit provided by the Texas
1-29 Tort Claims Act, Chapter 101, Civil Practice and Remedies Codes, or
1-30 other law.
1-31 SECTION 2. This Act takes effect immediately if it receives
1-32 a vote of two-thirds of all the members elected to each house, as
1-33 provided by Section 39, Article III, Texas Constitution. If this
1-34 Act does not receive the vote necessary for immediate effect, this
1-35 Act takes effect September 1, 2001.
1-36 * * * * *