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A BILL TO BE ENTITLED
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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. The heading to Section 67.0105, Water Code, is |
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amended to read as follows: |
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Sec. 67.0105. [CONTRACT FOR] WATER FOR FIRE SUPPRESSION. |
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SECTION 2. Section 67.0105, Water Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (a-1) to |
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read as follows: |
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(a) A corporation may provide a water supply to a |
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municipality or volunteer fire department for use in fire |
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suppression. |
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(a-1) A corporation may enter into a contract with a |
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municipality or a volunteer fire department to supply water either |
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to municipally owned fire hydrants or to corporation fire hydrants |
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for use in fire suppression by the municipality's fire department |
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or a volunteer fire department. The contract must be under terms |
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that are mutually beneficial to the contracting parties. |
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(c) A corporation that provides [contracts with] a |
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municipality or volunteer fire department [to provide] a water |
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supply or fire hydrant equipment to carry out the governmental |
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function described by Subsection (b) may be liable for damages only |
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to the extent that the municipality or volunteer fire department |
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would be liable if the municipality or volunteer fire department |
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were performing the governmental function directly. |
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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. |