By:  Deuell                                                       S.B. No. 407

Substitute the following for S.B. No. 407:                                    

By:  Hartnett                                                 C.S.S.B. No. 407



A BILL TO BE ENTITLED

AN ACT

relating to the liability of a governmental unit in the absence of a 
contract for fire or emergency services.
	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, [of a fire 
department, the governmental unit that would have been responsible 
for furnishing the services in the absence of the contract] they may 
determine by contract which party 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.