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


Senate Research CenterC.S.S.B. 407
78R8067 KEG-DBy: Deuell
State Affairs
3/25/2003
Committee Report (Substituted)


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.  C.S.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. C.S.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, Government Code, by amending
Subsection (a) and adding Subsections (d) and (e), as follows: 

(a)  Provides 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. 

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

(e)  Provides that "governmental unit" does not include a school district,
for the purposes of this section. 

SECTION 3.  Makes application of this Act prospective.

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

SUMMARY OF COMMITTEE CHANGES

SECTION 2:  Differs from the original by adding Subsections (d) and (e) to
Section 791.006, Government Code.