SRC-JEC, MSY S.B. 407 78(R)BILL ANALYSIS


Senate Research CenterS.B. 407
By: Deuell
State Affairs
6/4/2003
Enrolled


DIGEST AND PURPOSE 

Under current Texas law, political units may enter interlocal agreements
to provide mutual support and services.  If a governmental unit contracts
to furnish or obtain fire protection from another unit, the unit that
would be responsible for furnishing such services if the contract did not
exist is responsible for any civil liability that arises from the
furnishing of the services.  S.B. 407 makes it clear that the unit
requesting the services shall bear responsibility for civil liability only
in a case where no contract exists. S.B. 407 changes the language of the
code to include emergency and law enforcement services under these
provisions as well. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the heading of Section 791.006, Government Code, to
read as follows: 

Sec.  791.006.  LIABILITY IN CONTRACT OR ABSENCE OF CONTRACT FOR PROVISION
OF FIRE, EMERGENCY, OR LAW ENFORCEMENT SERVICES. 

SECTION 2.  Amends Section 791.006, Government Code, by amending
Subsection (a) and adding Subsections (d) and (e), as follows: 

(a)  Authorizes governmental units that contract under this chapter to
furnish or obtain fire or emergency services to determine by contract
which party is responsible for any civil liability that arises from the
furnishing of those services.  Provides that, in the absence of a contract
addressing liability, if a governmental unit furnishes fire or emergency
services to another governmental unit, the unit that requests and obtains
the services is responsible for any civil liability that arises from the
furnishing of those services. 

(d)  Provides that nothing in this section affects the employer-employee
relationship or the terms or conditions of employment between a
governmental unit and its employees, such as payment of wages or provision
of benefits. 

(e)  Provides that nothing in this section affects a school district.

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: upon passage or September 1, 2003.