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.