2009 Texas Code
CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 78. CERTAIN FIRE FIGHTERS AND FIRE-FIGHTING ENTITIES  

CIVIL PRACTICE AND REMEDIES CODE

TITLE 4. LIABILITY IN TORT

CHAPTER 78. CERTAIN FIRE FIGHTERS AND FIRE-FIGHTING ENTITIES

SUBCHAPTER A. VOLUNTEER FIRE FIGHTERS AND FIRE DEPARTMENTS

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1997, 75th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1997.

SUBCHAPTER B. MARINE FIRE-FIGHTING SERVICES

Sec. 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, Sec. 1, eff. Sept. 1,

1997.

Sec. 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, Sec. 1, eff. Sept. 1,

1997.

Sec. 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, Sec. 1, eff. Sept. 1,

1997.

Sec. 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, Sec. 1, eff. Sept. 1,

1997.

SUBCHAPTER C. FIRE-FIGHTING SERVICES

Sec. 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, Sec. 19.02, eff. Sept. 1,

2003.

Sec. 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, Sec. 19.02, eff. Sept. 1,

2003.

Sec. 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, Sec. 19.02, eff. Sept. 1,

2003.

Sec. 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, Sec. 19.02, eff. Sept. 1,

2003.

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