HBA-DMH H.B. 2367 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2367
By: Williams
Civil Practices
8/9/2001
Enrolled



BACKGROUND AND PURPOSE 

The Woodlands Community Service Corporation operates a full-time, fully
staffed, professional fire department equal to any municipal fire
department. In 1999, The Woodlands Fire Department responded to a total of
3,548 calls.  However, prior to the 77th Legislature, the Woodlands Fire
Department did not have the same immunity from tort claims as municipal
facilities.  House Bill 2367 modifies the definition of "charitable
organization" under the Charitable Immunity and Liability Act of 1987 to
include fire protection or prevention, emergency medical or hazardous
material response services, and certain homeowners associations that are
exempt from federal income tax. 

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 2367 amends the Civil Practice and Remedies Code to modify the
definition of "charitable organization" under the Charitable Immunity and
Liability Act of 1987 to include fire protection or prevention emergency
medical or hazardous material response services, and certain homeowners
associations that are exempt from federal income tax. 

EFFECTIVE DATE

September 1, 2001.