78R2524 KSD-D
By: Bonnen H.B. No. 2264
A BILL TO BE ENTITLED
AN ACT
relating to limiting the liability of volunteer fire departments
and volunteer fire fighters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 Act 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 2. 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 3. EFFECTIVE DATE; TRANSITION. This Act takes
effect September 1, 2003, and applies only to a cause of action that
accrues on or after that date. An action that accrues before the
effective date of this Act is governed by the law applicable to the
action immediately before the effective date of this Act, and that
law is continued in effect for that purpose.