By: Lucio III (Senate Sponsor - Lucio) H.B. No. 1814
(In the Senate - Received from the House April 18, 2011;
April 20, 2011, read first time and referred to Committee on
Natural Resources; May 12, 2011, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 10,
Nays 0; May 12, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1814 By: Fraser
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. Section 67.0105, Water Code, is amended to read
as follows:
Sec. 67.0105. [CONTRACT FOR] WATER FOR FIRE SUPPRESSION.
(a) A corporation may provide a water supply to a governmental
entity or volunteer fire department for use in fire suppression.
(a-1) A corporation may enter into a contract with a
governmental entity [municipality] or a volunteer fire department
to supply water [either] to [municipally owned] fire hydrants owned
by the governmental entity or the [or to] corporation [fire
hydrants] for use in fire suppression by the governmental entity's
[municipality's] fire department or a volunteer fire department.
The contract must be under terms that are mutually beneficial to the
contracting parties.
(b) The furnishing of a water supply and fire hydrant
equipment by a governmental entity [municipality] or a volunteer
fire department directly or through another entity by a lease,
contract, or any other manner is an essential governmental function
and not a proprietary function for all purposes, including the
application of Chapter 101, Civil Practice and Remedies Code.
(c) A corporation that provides [contracts with] a
governmental entity [municipality] or volunteer fire department
with [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 governmental entity
[municipality] or volunteer fire department would be liable if the
governmental entity [municipality] or volunteer fire department
were performing the governmental function directly.
SECTION 2. Section 341.0358, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) This section also applies to a municipality with a
population of more than 36,000 and less than 41,000 located in two
counties, one of which is a county with a population of more than
1.8 million.
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.
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