82R5579 ALL-F
By: Lucio S.B. No. 1659
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.