By Williams                                           H.B. No. 1652
         77R6563 DAK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the liability of certain firefighters and fire-fighting
 1-3     entities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 78.051(4), Civil Practice and Remedies
 1-6     Code, is amended to read as follows:
 1-7                 (4)  "Nonprofit fire department" means a nonprofit
 1-8     organization that is:
 1-9                       (A)  exempt from federal income tax under Section
1-10     501(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section
1-11     501(a)) by being listed as an exempt organization in Section
1-12     501(c)(3) or 501(c)(4) of that code;
1-13                       (B)  composed of member owners; and
1-14                       (C)  organized to offer and provide:
1-15                             (i)  fire protection, prevention, and
1-16     inspection services; and
1-17                             (ii)  emergency response services,
1-18     including rescue, emergency medical, and hazardous material
1-19     response services.
1-20           SECTION 2. Section 78.052, Civil Practice and Remedies Code,
1-21     is amended to read as follows:
1-22           Sec. 78.052. APPLICABILITY OF SUBCHAPTER:  [MARINE] FIRE
1-23     EMERGENCY. This subchapter applies only to damages for personal
1-24     injury, death, or property damage arising from an error or omission
 2-1     of:
 2-2                 (1)  a nonprofit fire department providing services to
 2-3     respond to marine fire emergencies under contract to a governmental
 2-4     unit, if the error or omission occurs in responding to a marine
 2-5     fire emergency:
 2-6                       (A)  on the navigable waters of this state;
 2-7                       (B)  in any place into which a vessel enters or
 2-8     from which a vessel departs the waterway leading to that place from
 2-9     the Gulf of Mexico or the Gulf Intracoastal Waterway;
2-10                       (C)  on property owned or under the control of
2-11     the governmental unit; or
2-12                       (D)  at the request of the governmental unit in
2-13     the interest of public safety; [or]
2-14                 (2)  a fire fighter providing services described by
2-15     Subdivision (1);
2-16                 (3)  a nonprofit fire department providing services to
2-17     respond to a fire emergency, if the error or omission occurs in
2-18     responding to the fire emergency; or
2-19                 (4)  a fire fighter providing services described by
2-20     Subdivision (3).
2-21           SECTION 3. The heading of Subchapter B, Chapter 78, Civil
2-22     Practice and Remedies Code, is amended to read as follows:
2-23                SUBCHAPTER B. [MARINE] FIRE-FIGHTING SERVICES
2-24           SECTION 4. This Act takes effect September 1, 2001, and
2-25     applies only to a cause of action that accrues on or after that
2-26     date.  An action that accrued before the effective date of this Act
2-27     is governed by the law applicable to the action immediately before
 3-1     the effective date of this Act, and that law is continued in effect
 3-2     for that purpose.