HBA-NRS H.B. 1263 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1263 By: Clark Civil Practices 4/3/2001 Introduced BACKGROUND AND PURPOSE Volunteer fire fighters provide the majority of fire department service in Texas and save taxpayers millions of dollars each year. Concern regarding personal liability arising out of services rendered by volunteer fire fighters deters individuals from volunteering as fire fighters. The diminishing number of volunteer fire fighters leads to increased costs and less service to areas of the state that are served by volunteer fire departments. House Bill 1263 reduces the exposure to liability of a volunteer fire department while involved in or providing an emergency response and to a volunteer fire fighter while acting as a member of a volunteer fire department. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1263 amends the Civil Practice & Remedies Code to provide that a volunteer fire department is liable only for damages incurred while involved in or providing emergency response services to the extent that a county providing the same or similar services would be liable under the Texas Tort Claims Act. The bill entitles a volunteer fire department to the exclusions, exceptions, and defenses applicable to a county under the Texas Tort Claims Act and other statutory or common law. The bill provides that a volunteer fire fighter is only liable for damages incurred while involved in or providing emergency response services to the extent that an employee of a county providing the same or similar services for a county would be liable. The bill entitles a volunteer fire fighter to the exclusions, exceptions, and defenses applicable to an employee of a county under the Texas Tort Claims Act and other statutory or common law. The bill provides that the subchapter relating to fire-fighting services applies only to damages for personal injury, death, or property damage, other than property damage to which the subchapter relating to volunteer fire fighters and fire departments applies, arising from an error or omission of a volunteer fire department or a volunteer fire fighter while involved in or providing an emergency response. EFFECTIVE DATE September 1, 2001.