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                                  * * * * *