By:  Deuell                                                       S.B. No. 407
	(In the Senate - Filed February 6, 2003; February 17, 2003, 
read first time and referred to Committee on State Affairs; 
March 26, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 8, Nays 0; March 26, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 407                                    By:  Ellis


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, Government Code, is amended by 
amending Subsection (a) and adding Subsections (d) and (e) 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. 
	(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.
	(e)  For the purposes of this section, "governmental unit" 
does not include 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.



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