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.