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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of water and certain equipment by water |
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supply or sewer service corporations for use in fire suppression |
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and the liability of those corporations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 67.0105, Water Code, is amended to read |
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as follows: |
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Sec. 67.0105. [CONTRACT FOR] WATER FOR FIRE SUPPRESSION. |
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(a) A corporation may provide a water supply to a governmental |
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entity or volunteer fire department for use in fire suppression. |
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(a-1) A corporation may enter into a contract with a |
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governmental entity [municipality] or a volunteer fire department |
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to supply water [either] to [municipally owned] fire hydrants owned |
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by the governmental entity or the [or to] corporation [fire
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hydrants] for use in fire suppression by the governmental entity's |
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[municipality's] fire department or a volunteer fire department. |
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The contract must be under terms that are mutually beneficial to the |
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contracting parties. |
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(b) The furnishing of a water supply and fire hydrant |
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equipment by a governmental entity [municipality] or a volunteer |
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fire department directly or through another entity by a lease, |
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contract, or any other manner is an essential governmental function |
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and not a proprietary function for all purposes, including the |
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application of Chapter 101, Civil Practice and Remedies Code. |
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(c) A corporation that provides [contracts with] a |
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governmental entity [municipality] or volunteer fire department |
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with [to provide] a water supply or fire hydrant equipment to carry |
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out the governmental function described by Subsection (b) may be |
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liable for damages only to the extent that the governmental entity |
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[municipality] or volunteer fire department would be liable if the |
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governmental entity [municipality] or volunteer fire department |
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were performing the governmental function directly. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |