By Clark H.B. No. 1263
77R5592 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to limiting the liability of volunteer fire departments
1-3 and volunteer fire fighters.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. FINDINGS AND PURPOSE. (a) The legislature finds
1-6 that:
1-7 (1) 80 percent of the area of this state is currently
1-8 protected by volunteer fire departments;
1-9 (2) concern regarding personal liability arising out
1-10 of services rendered by volunteer fire fighters on behalf of
1-11 volunteer fire departments deters individuals from offering their
1-12 services as volunteer fire fighters;
1-13 (3) the diminishing number of volunteer fire fighters
1-14 leads to increased costs and less service to areas of this state
1-15 that are served by volunteer fire departments; and
1-16 (4) it is in the public interest of the citizens of
1-17 this state to encourage the continued level of service provided by
1-18 volunteer fire departments.
1-19 (b) The purpose of this Act is to reduce the exposure to
1-20 liability of:
1-21 (1) a volunteer fire department while involved in or
1-22 providing an emergency response; and
1-23 (2) a volunteer fire fighter while acting as a member
1-24 of a volunteer fire department.
2-1 SECTION 2. AMENDMENT. Chapter 78, Civil Practice and
2-2 Remedies Code, is amended by adding Subchapter C to read as
2-3 follows:
2-4 SUBCHAPTER C. FIRE-FIGHTING SERVICES
2-5 Sec. 78.101. DEFINITIONS. In this subchapter:
2-6 (1) "Emergency response" means a response involving
2-7 fire protection or prevention, rescue, emergency medical, or
2-8 hazardous material response services.
2-9 (2) "Volunteer fire department" means a nonprofit
2-10 organization that is:
2-11 (A) operated by its members;
2-12 (B) exempt from the state sales tax under
2-13 Section 151.310, Tax Code, or the state franchise tax under Section
2-14 171.083, Tax Code; and
2-15 (C) organized to provide an emergency response.
2-16 (3) "Volunteer fire fighter" means a member of a
2-17 volunteer fire department.
2-18 Sec. 78.102. APPLICABILITY OF SUBCHAPTER: EMERGENCY
2-19 RESPONSE. This subchapter applies only to damages for personal
2-20 injury, death, or property damage, other than property damage to
2-21 which Subchapter A applies, arising from an error or omission of:
2-22 (1) a volunteer fire department while involved in or
2-23 providing an emergency response; or
2-24 (2) a volunteer fire fighter while involved in or
2-25 providing an emergency response as a member of a volunteer fire
2-26 department.
2-27 Sec. 78.103. LIABILITY OF VOLUNTEER FIRE DEPARTMENT. A
3-1 volunteer fire department is:
3-2 (1) liable for damages described by Section 78.102
3-3 only to the extent that a county providing the same or similar
3-4 services would be liable under Chapter 101; and
3-5 (2) entitled to the exclusions, exceptions, and
3-6 defenses applicable to a county under Chapter 101 and other
3-7 statutory or common law.
3-8 Sec. 78.104. LIABILITY OF VOLUNTEER FIRE FIGHTER. A
3-9 volunteer fire fighter is:
3-10 (1) liable for damages described by Section 78.102
3-11 only to the extent that an employee providing the same or similar
3-12 services for a county would be liable; and
3-13 (2) entitled to the exclusions, exceptions,
3-14 immunities, and defenses applicable to an employee of a county
3-15 under Chapter 101 and other statutory or common law.
3-16 SECTION 3. EFFECTIVE DATE; TRANSITION. This Act takes effect
3-17 September 1, 2001, and applies only to a cause of action that
3-18 accrues on or after that date. An action that accrues before the
3-19 effective date of this Act is governed by the law applicable to the
3-20 action immediately before the effective date of this Act, and that
3-21 law is continued in effect for that purpose.