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AN ACT
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relating to the provision of water and certain equipment by water |
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supply or sewer service corporations for use in fire suppression |
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and the liability of those corporations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 67.0105, Water Code, is amended to read |
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as follows: |
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Sec. 67.0105. [CONTRACT FOR] WATER FOR FIRE SUPPRESSION. |
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(a) A corporation may provide a water supply to a governmental |
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entity or volunteer fire department for use in fire suppression. |
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(a-1) A corporation may enter into a contract with a |
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governmental entity [municipality] or a volunteer fire department |
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to supply water [either] to [municipally owned] fire hydrants owned |
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by the governmental entity or the [or to] corporation [fire
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hydrants] for use in fire suppression by the governmental entity's |
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[municipality's] fire department or a volunteer fire department. |
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The contract must be under terms that are mutually beneficial to the |
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contracting parties. |
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(b) The furnishing of a water supply and fire hydrant |
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equipment by a governmental entity [municipality] or a volunteer |
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fire department directly or through another entity by a lease, |
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contract, or any other manner is an essential governmental function |
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and not a proprietary function for all purposes, including the |
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application of Chapter 101, Civil Practice and Remedies Code. |
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(c) A corporation that provides [contracts with] a |
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governmental entity [municipality] or volunteer fire department |
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with [to provide] a water supply or fire hydrant equipment to carry |
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out the governmental function described by Subsection (b) may be |
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liable for damages only to the extent that the governmental entity |
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[municipality] or volunteer fire department would be liable if the |
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governmental entity [municipality] or volunteer fire department |
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were performing the governmental function directly. |
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SECTION 2. Section 341.0358, Health and Safety Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) This section also applies to a municipality with a |
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population of more than 36,000 and less than 41,000 located in two |
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counties, one of which is a county with a population of more than |
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1.8 million. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1814 was passed by the House on April |
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14, 2011, by the following vote: Yeas 142, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1814 on May 21, 2011, by the following vote: Yeas 143, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1814 was passed by the Senate, with |
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amendments, on May 19, 2011, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |