HBA-CMT C.S.H.B. 785 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 785
By: Isett
Civil Practices
3/27/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Government Code allows political units to enter into interlocal
agreements.  These types of agreements include garbage collection, right of
way maintenance, library support and use, and mutual aid agreements.
Currently, the Government Code provides that if a governmental unit
contracts to furnish or obtain fire protection, the governmental unit that
would be responsible for furnishing these services in the absence of a
contract is responsible for any civil liability that arises.  This means
that even if a contract is present, the requester bears liability.
C.S.H.B. 785 sets forth provisions relating to the liability for performing
services of a fire department or law enforcement service for another
governmental unit.   

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

C.S.H.B. 785 amends the Government Code to set forth that if governmental
units enter into an interlocal cooperation contract to furnish or obtain
services of a fire department, the governmental unit that would have been
responsible for furnishing the services in the absence of the contract is
responsible for any civil liability that arises from the furnishing of
those services. 

The bill sets forth that, in the absence of a contract, if a governmental
unit furnishes to or obtains from another governmental unit law enforcement
services, the governmental unit that requests and obtains the services is
responsible for any civil liability that arises from the furnishing of
those services. 

The bill provides that the provisions of the bill do not change the
liability limits for a governmental unit provided by the tort claims law or
other state law. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 785 modifies the original by adding the provision that in the
absence of a contract, if a governmental unit furnishes to or obtains from
another governmental unit law enforcement services, the governmental unit
that requests and obtains the services is responsible for any civil
liability that arises from the furnishing of those services.  The
substitute adds that the provisions of the bill do not change the liability
limits for a governmental unit provided by the tort claims law or other
state law.