S.B. No. 407




AN ACT

relating to the liability of a governmental unit for fire or 
emergency services in a contract or in the absence of a contract.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The section heading of Section 791.006, 
Government Code, is amended to read as follows:
	Sec. 791.006.  LIABILITY IN CONTRACT OR ABSENCE OF [FIRE 
PROTECTION] CONTRACT FOR [OR] PROVISION OF FIRE, EMERGENCY, OR LAW 
ENFORCEMENT SERVICES.
	SECTION 2.  Section 791.006, Government Code, is amended by 
amending Subsection (a) and adding Subsections (d) and (e) to read 
as follows:
	(a)  If governmental units contract under this chapter to 
furnish or obtain fire or emergency [the] services, they may 
determine by contract which party [of a fire department, the 
governmental unit that would have been responsible for furnishing 
the services in the absence of the contract] is responsible for any 
civil liability that arises from the furnishing of those services.  
In the absence of a contract addressing liability, if a 
governmental unit furnishes fire or emergency services to another 
governmental unit, the governmental unit that requests and obtains 
the services is responsible for any civil liability that arises 
from the furnishing of those services.
	(d)  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 the payment of wages or 
provision of benefits, including worker compensation.
	(e)  Nothing in this section affects a school district.                 
	SECTION 3.  (a)  The change in law made by this Act to 
Section 791.006, Government Code, does not affect any civil 
liability for services furnished under an interlocal cooperation 
contract to furnish or obtain the services of a fire department 
entered into before the effective date of this Act.
	(b)  The former law is continued in effect for the purpose of 
determining liability, if any, for services furnished under an 
interlocal cooperation contract to furnish or obtain the services 
of a fire department entered into before the effective date of this 
Act.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 407 passed the Senate on 
April 3, 2003, by the following vote:  Yeas 31, Nays 0; and that 
the Senate concurred in House amendment on May 26, 2003, by the 
following vote:  Yeas 31, Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 407 passed the House, with 
amendment, on May 23, 2003, by the following vote:  Yeas 145, 
Nays 0, two present not voting.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor