CHAPTER 93. ASSUMPTION OF THE RISK AND CERTAIN OTHER AFFIRMATIVE DEFENSES
CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 93. ASSUMPTION OF THE RISK AND CERTAIN OTHER AFFIRMATIVE
DEFENSES
Sec. 93.001. ASSUMPTION OF THE RISK: AFFIRMATIVE DEFENSE. (a)
It is an affirmative defense to a civil action for damages for
personal injury or death that the plaintiff, at the time the
cause of action arose, was:
(1) committing a felony, for which the plaintiff has been
finally convicted, that was the sole cause of the damages
sustained by the plaintiff; or
(2) committing or attempting to commit suicide, and the
plaintiff's conduct in committing or attempting to commit suicide
was the sole cause of the damages sustained; provided, however,
if the suicide or attempted suicide was caused in whole or in
part by a failure on the part of any defendant to comply with an
applicable legal standard, then such suicide or attempted suicide
shall not be a defense.
(b) This section does not apply in any action brought by an
employee, or the surviving beneficiaries of an employee, under
the Workers' Compensation Law of Texas, or in an action against
an insurer based on a contract of insurance, a statute, or common
law.
(c) In an action to which this section applies, this section
shall prevail over any other law.
Added by Acts 1987, 70th Leg., ch. 824, Sec. 1, eff. Sept. 1,
1987. Amended by Acts 1997, 75th Leg., ch. 437, Sec. 1, eff.
Sept. 1, 1997.
Sec. 93.002. DRY FIRE HYDRANTS: AFFIRMATIVE DEFENSE. (a) It is
an affirmative defense to a civil action for damages brought
against a defendant who is an owner, lessee, or occupant of real
property who permits a fire-fighting agency to connect a dry fire
hydrant to a source of water on the property or to install a dry
fire hydrant on the property that the damages arise from:
(1) the condition or use of the dry fire hydrant;
(2) the installation or maintenance of the dry fire hydrant; or
(3) the failure of the water source to contain an adequate
supply of water during a fire.
(b) This section does not apply to:
(1) an action for damages arising from an act or omission of the
owner, lessee, or occupant of real property that is intentional,
wilfully or wantonly negligent, or done with conscious
indifference or reckless disregard for the safety of others; or
(2) an action for damages arising from a condition of the real
property on which the dry fire hydrant is located.
(c) In this section:
(1) "Dry fire hydrant" means a fire hydrant that is connected to
a stock tank, pond, or other similar source of water from which
water is pumped in case of fire.
(2) "Fire-fighting agency" means any entity that provides
fire-fighting services, including:
(A) a volunteer fire department; and
(B) a political subdivision of this state authorized to provide
fire-fighting services.
Added by Acts 1997, 75th Leg., ch. 437, Sec. 1, eff. Sept. 1,
1997.