Floor Packet Page No. 620                                                   

	
Amend CSHB 4 by adding the following appropriately numbered 
ARTICLE to the bill and renumbering the ARTICLES of the bill 
accordingly:

ARTICLE ____.  LIABILITY OF VOLUNTEER FIRE DEPARTMENTS

AND VOLUNTEER FIRE FIGHTERS
	SECTION ____.01.  FINDINGS AND PURPOSE.  (a)  The 
legislature finds that:    
		(1)  80 percent of the area of this state is currently 
protected by volunteer fire departments;
		(2)  concern regarding personal liability arising out 
of services rendered by volunteer fire fighters on behalf of 
volunteer fire departments deters individuals from offering their 
services as volunteer fire fighters;
		(3)  the diminishing number of volunteer fire fighters 
leads to increased costs and less service to areas of this state 
that are served by volunteer fire departments; and
		(4)  it is in the public interest of the citizens of 
this state to encourage the continued level of service provided by 
volunteer fire departments.
	(b)  The purpose of this article is to reduce the exposure to 
liability of:  
		(1)  a volunteer fire department while involved in or 
providing an emergency response; and
		(2)  a volunteer fire fighter while acting as a member 
of a volunteer fire department.
	SECTION ____.02.  AMENDMENT.  Chapter 78, Civil Practice and 
Remedies Code, is amended by adding Subchapter C to read as follows:
	SUBCHAPTER C.  FIRE-FIGHTING SERVICES
	Sec. 78.101.  DEFINITIONS.  In this subchapter:                         
		(1)  "Emergency response" means a response involving 
fire protection or prevention, rescue, emergency medical, or 
hazardous material response services.
		(2)  "Volunteer fire department" means a nonprofit 
organization that is:
			(A)  operated by its members;                                         
			(B)  exempt from the state sales tax under Section 
151.310, Tax Code, or the state franchise tax under Section 
171.083, Tax Code; and
			(C)  organized to provide an emergency response.                      
		(3)  "Volunteer fire fighter" means a member of a 
volunteer fire department.
	Sec. 78.102.  APPLICABILITY OF SUBCHAPTER: EMERGENCY 
RESPONSE.  This subchapter applies only to damages for personal 
injury, death, or property damage, other than property damage to 
which Subchapter A applies, arising from an error or omission of:
		(1)  a volunteer fire department while involved in or 
providing an emergency response; or
		(2)  a volunteer fire fighter while involved in or 
providing an emergency response as a member of a volunteer fire 
department.
	Sec. 78.103.  LIABILITY OF VOLUNTEER FIRE DEPARTMENT.  A 
volunteer fire department is:
		(1)  liable for damages described by Section 78.102 
only to the extent that a county providing the same or similar 
services would be liable under Chapter 101; and
		(2)  entitled to the exclusions, exceptions, and 
defenses applicable to a county under Chapter 101 and other 
statutory or common law.
	Sec. 78.104.  LIABILITY OF VOLUNTEER FIRE FIGHTER.  A 
volunteer fire fighter is:
		(1)  liable for damages described by Section 78.102 
only to the extent that an employee providing the same or similar 
services for a county would be liable; and
		(2)  entitled to the exclusions, exceptions, 
immunities, and defenses applicable to an employee of a county 
under Chapter 101 and other statutory or common law.
	SECTION ____.03.  TRANSITION.  Subchapter C, Chapter 78, 
Civil Practice and Remedies Code, as added by this article, applies 
only to a cause of action that accrues on or after the effective 
date of this article.  An action that accrues before the effective 
date of this article is governed by the law applicable to the action 
immediately before the effective date of this article, and that law 
is continued in effect for that purpose.