79R2148 KEG-F

By:  Deuell                                                       S.B. No. 864



A BILL TO BE ENTITLED

AN ACT

relating to the liability of certain local governments for fire, 
emergency, or law enforcement services provided to another local 
government.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 791.006, Government Code, is amended to 
read as follows: 
	Sec. 791.006.  LIABILITY FOR [IN FIRE PROTECTION CONTRACT 
OR] PROVISION OF FIRE, EMERGENCY, OR LAW ENFORCEMENT SERVICES.  
(a)  If governmental units contract under this chapter to furnish 
or obtain fire or emergency services, the governmental units may 
include in the contract a provision to determine the party [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.
	(b)(1)  In the absence of a contract, if a municipality or 
county furnishes law enforcement services to another municipality 
or county, the governmental unit that requests and obtains the 
services is responsible for any civil liability that arises from 
the furnishing of those services.
		(2)  In the absence of a contract provision that 
determines civil liability, if a municipality or county furnishes 
fire or emergency services to another municipality or county, each 
governmental unit is responsible for any civil liability that 
arises from its own actions as a result of furnishing or obtaining 
the services.
	(c)  Nothing in this section:                                           
		(1)  adds to or changes the liability limits and 
immunities for a governmental unit provided by the Texas Tort 
Claims Act, Chapter 101, Civil Practice and Remedies Code, or other 
law;
		(2)  affects the employer-employee relationship or the 
terms or conditions of employment between a governmental unit and 
its employees, including the payment of wages and the provision of 
benefits such as workers' compensation benefits; or
		(3)  applies to or affects a public school district.                   
	SECTION 2.  (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 3.  Subject to Section 2 of this Act:                                  
		(1)  the changes in law made by this Act to Section 
791.006(b), Government Code, apply only in relation to fire or 
emergency services furnished or obtained on or after the effective 
date of this Act; and
		(2)  the former law is continued in effect for the 
purpose of determining liability, if any, for fire or emergency 
services furnished or obtained 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, 2005.