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


Office of House Bill AnalysisH.B. 785
By: Isett
Civil Practices
3/19/2001
Introduced



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.  House
Bill 785 sets forth that if a governmental unit enters into an interlocal
cooperation contract to furnish or obtain police protection services, 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.   

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
police protection services, 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. 

EFFECTIVE DATE

September 1, 2001.