82R5579 ALL-F
 
  By: Lucio III H.B. No. 1814
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of water and certain equipment by water
  supply or sewer service corporations for use in fire suppression
  and the liability of those corporations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 67.0105, Water Code, is
  amended to read as follows:
         Sec. 67.0105.  [CONTRACT FOR] WATER FOR FIRE SUPPRESSION.
         SECTION 2.  Section 67.0105, Water Code, is amended by
  amending Subsections (a) and (c) and adding Subsection (a-1) to
  read as follows:
         (a)  A corporation may provide a water supply to a
  municipality or volunteer fire department for use in fire
  suppression.
         (a-1)  A corporation may enter into a contract with a
  municipality or a volunteer fire department to supply water either
  to municipally owned fire hydrants or to corporation fire hydrants
  for use in fire suppression by the municipality's fire department
  or a volunteer fire department. The contract must be under terms
  that are mutually beneficial to the contracting parties.
         (c)  A corporation that provides [contracts with] a
  municipality or volunteer fire department [to provide] a water
  supply or fire hydrant equipment to carry out the governmental
  function described by Subsection (b) may be liable for damages only
  to the extent that the municipality or volunteer fire department
  would be liable if the municipality or volunteer fire department
  were performing the governmental function directly.
         SECTION 3.  The change in law made by this Act applies only
  to a cause of action that accrues on or after the effective date of
  this Act. A cause of action that accrues before the effective date
  of this Act is governed by the law in effect immediately before that
  date, and that law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2011.