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.