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


Senate Research Center   S.B. 407
78R2470 KEG-FBy: Deuell
State Affairs
3/10/2003
As Filed


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.  As proposed, 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.  In addition, 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 ABSENCE OF CONTRACT FOR PROVISION OF FIRE,
EMERGENCY, OR LAW ENFORCEMENT SERVICES. 

SECTION 2.  Amends Section 791.006(a), Government Code, to provide that,
in the absence of a contract to the contrary, if a governmental unit
furnishes fire or emergency services to another governmental unit, the
unit that requests the services is responsible for any civil liability
that arises from the furnishing of those services. 

SECTION 3.  Makes application of this Act prospective.

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