Sec. 67.0105. WATER FOR FIRE SUPPRESSION. (a) A corporation may provide a water supply to a governmental entity or volunteer fire department for use in fire suppression.
(a-1) A corporation may enter into a contract with a governmental entity or a volunteer fire department to supply water to fire hydrants owned by the governmental entity or the corporation for use in fire suppression by the governmental entity's fire department or a volunteer fire department. The contract must be under terms that are mutually beneficial to the contracting parties.
(b) The furnishing of a water supply and fire hydrant equipment by a governmental entity or a volunteer fire department directly or through another entity by a lease, contract, or any other manner is an essential governmental function and not a proprietary function for all purposes, including the application of Chapter 101, Civil Practice and Remedies Code.
(c) A corporation that provides a governmental entity or volunteer fire department with a water supply or fire hydrant equipment to carry out the governmental function described by Subsection (b) may be liable for damages only to the extent that the governmental entity or volunteer fire department would be liable if the governmental entity or volunteer fire department were performing the governmental function directly.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.19(a), eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 290 (H.B. 1814), Sec. 1, eff. September 1, 2011.
Structure Texas Statutes
Title 4 - General Law Districts
Chapter 67 - Nonprofit Water Supply or Sewer Service Corporations
Subchapter A. General Provisions
Section 67.002. Purpose of Corporation
Section 67.003. Creation of Corporation
Section 67.004. Application of Texas Non-Profit Corporation Act
Section 67.0051. Qualifications for Election or Appointment as Director
Section 67.0052. Ballot Application
Section 67.0054. Election Procedures
Section 67.0055. Election of Unopposed Candidate
Section 67.007. Annual or Special Meeting of Retail Corporation
Section 67.0075. Annual or Special Meeting of Other Corporation
Section 67.008. Distribution of Profits
Section 67.010. Power to Contract With Other Entities
Section 67.0105. Water for Fire Suppression
Section 67.011. Additional Powers of Corporation
Section 67.011. Powers of Corporation in Certain Counties
Section 67.012. Use of Manager
Section 67.013. Use of Counsel
Section 67.014. Depository for Funds; Permitted Investments
Section 67.015. Exemption From Securities Act
Section 67.016. Transfer or Cancellation of Stock, Membership, or Other Right of Participation
Section 67.017. Voluntary Contributions on Behalf of Emergency Services