CIVIL PRACTICE & REMEDIES CODE

CHAPTER 78. CERTAIN FIRE FIGHTERS AND FIRE-FIGHTING ENTITIES

SUBCHAPTER A. VOLUNTEER FIRE FIGHTERS AND FIRE DEPARTMENTS


	§ 78.001.  LIABILITY.  A volunteer fire fighter or a 
volunteer fire department is not liable for damage to property 
resulting from the fire fighter's or the department's reasonable 
and necessary action in fighting or extinguishing a fire on the 
property.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1997, 75th Leg., ch. 899, § 1, eff. Sept. 1, 1997.

SUBCHAPTER B. MARINE FIRE-FIGHTING SERVICES


	§ 78.051.  DEFINITIONS.  In this subchapter:                                
		(1)  'Fire emergency' means an emergency response 
involving fire protection or prevention, rescue, emergency 
medical, or hazardous material response services.
		(2)  'Fire fighter' means an employee of a nonprofit 
fire department.       
		(3)  'Governmental unit' has the meaning assigned by 
Chapter 101.           
		(4)  'Nonprofit fire department' means a nonprofit 
organization that is:    
			(A)  exempt from federal income tax under Section 
501(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section 
501(a)) by being listed as an exempt organization in Section 
501(c)(4) of that code;
			(B)  composed of member owners;  and                                         
			(C)  organized to offer and provide:                                         
				(i)  fire protection, prevention, and 
inspection services;  and           
				(ii)  emergency response services, 
including rescue, emergency medical, and hazardous material 
response services.

Added by Acts 1997, 75th Leg., ch. 899, § 1, eff. Sept. 1, 1997.           


	§ 78.052.  APPLICABILITY OF SUBCHAPTER:  MARINE FIRE 
EMERGENCY.  This subchapter applies only to damages for personal 
injury, death, or property damage arising from an error or omission 
of:
		(1)  a nonprofit fire department providing services to 
respond to marine fire emergencies under contract to a governmental 
unit, if the error or omission occurs in responding to a marine fire 
emergency:
			(A)  on the navigable waters of this state;                                  
			(B)  in any place into which a vessel enters or 
from which a vessel departs the waterway leading to that place from 
the Gulf of Mexico or the Gulf Intracoastal Waterway;
			(C)  on property owned or under the control of the 
governmental unit;  or  
			(D)  at the request of the governmental unit in 
the interest of public safety;  or
		(2)  a fire fighter providing services described by 
Subdivision (1).        

Added by Acts 1997, 75th Leg., ch. 899, § 1, eff. Sept. 1, 1997.           


	§ 78.053.  LIABILITY.  (a)  A nonprofit fire department 
is liable for damages described by Section 78.052 only to the extent 
that the governmental unit with which the nonprofit fire department 
is contracting would be liable under Chapter 101.
	(b)  Section 101.106 applies to a claimant in a suit against 
a fire fighter as if the fire fighter were an employee of a 
governmental unit and the nonprofit fire department were a 
governmental unit.

Added by Acts 1997, 75th Leg., ch. 899, § 1, eff. Sept. 1, 1997.           


	§ 78.054.  INDIVIDUAL IMMUNITIES.  A fire fighter is 
liable for damages described by Section 78.052 only to the extent an 
analogous employee of the governmental unit with which the 
nonprofit fire department is contracting would be liable and is 
entitled to the common law immunities applicable to the employee of 
the governmental unit.

Added by Acts 1997, 75th Leg., ch. 899, § 1, eff. Sept. 1, 1997.           

SUBCHAPTER C. FIRE-FIGHTING SERVICES


	§ 78.101.  DEFINITIONS.  In this subchapter:                                
		(1)  'Emergency response' means a response involving 
fire protection or prevention, rescue, emergency medical, or 
hazardous material response services.
		(2)  'Volunteer fire department' means a nonprofit 
organization that is:    
			(A)  operated by its members;                                                
			(B)  exempt from the state sales tax under Section 
151.310, Tax Code, or the state franchise tax under Section 
171.083, Tax Code;  and
			(C)  organized to provide an emergency response.                             
		(3)  'Volunteer fire fighter' means a member of a 
volunteer fire department.

Added by Acts 2003, 78th Leg., ch. 204, § 19.02, eff. Sept. 1, 
2003.     


	§ 78.102.  APPLICABILITY OF SUBCHAPTER:  EMERGENCY 
RESPONSE.  This subchapter applies only to damages for personal 
injury, death, or property damage, other than property damage to 
which Subchapter A applies, arising from an error or omission of:
		(1)  a volunteer fire department while involved in or 
providing an emergency response;  or
		(2)  a volunteer fire fighter while involved in or 
providing an emergency response as a member of a volunteer fire 
department.

Added by Acts 2003, 78th Leg., ch. 204, § 19.02, eff. Sept. 1, 
2003.     


	§ 78.103.  LIABILITY OF VOLUNTEER FIRE DEPARTMENT.  A 
volunteer fire department is:
		(1)  liable for damages described by Section 78.102 
only to the extent that a county providing the same or similar 
services would be liable under Chapter 101;  and
		(2)  entitled to the exclusions, exceptions, and 
defenses applicable to a county under Chapter 101 and other 
statutory or common law.

Added by Acts 2003, 78th Leg., ch. 204, § 19.02, eff. Sept. 1, 
2003.     


	§ 78.104.  LIABILITY OF VOLUNTEER FIRE FIGHTER.  A 
volunteer fire fighter is:
		(1)  liable for damages described by Section 78.102 
only to the extent that an employee providing the same or similar 
services for a county would be liable;  and
		(2)  entitled to the exclusions, exceptions, 
immunities, and defenses applicable to an employee of a county 
under Chapter 101 and other statutory or common law.

Added by Acts 2003, 78th Leg., ch. 204, § 19.02, eff. Sept. 1, 
2003.