78R2470 KEG-F
By: Deuell 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 ABSENCE OF [FIRE PROTECTION]
CONTRACT FOR [OR] PROVISION OF FIRE, EMERGENCY, OR LAW ENFORCEMENT
SERVICES.
SECTION 2. Section 791.006(a), Government Code, is amended
to read as follows:
(a) In the absence of a contract, if a governmental unit
furnishes fire or emergency services to another governmental unit,
the governmental unit that requests and obtains the services [If
governmental units contract under this chapter to furnish or obtain
the services 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.
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.