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


Office of House Bill AnalysisH.B. 785
By: Isett
Civil Practices
7/7/25/2001
Enrolled



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. Prior
to the 77th Legislature, the Government Code provided that if a
governmental unit contracted to furnish or obtain fire protection, the
governmental unit that would be responsible for furnishing these services
in the absence of a contract was responsible for any civil liability that
arose.  This meant that even if a contract was present, the requester bore
liability.  House Bill 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

House Bill 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 municipality
or county furnishes law enforcement services to another municipality or
county, 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 and immunities for a governmental unit provided by the
Texas Tort Claims Act or other state law. 

EFFECTIVE DATE

September 1, 2001.