Sec. 775.033. LIABILITY OF DISTRICT. (a) A district is not liable for a claim arising from the act or omission of an employee or volunteer under an oral or written contract with the district if the act or omission:
(1) is in the course and scope of the employee's or volunteer's duties for the district;
(2) takes place during the provision of emergency services;
(3) is not in violation of a statute or ordinance applicable to emergency action; and
(4) is not wilful or wantonly negligent.
(b) This section does not expand the liability of a district.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Structure Texas Statutes
Chapter 775 - Emergency Services Districts
Subchapter C. Organization, Powers, and Duties
Section 775.031. District Powers
Section 775.0315. Legal Representation
Section 775.032. Certain Businesses Not Subject to Ad Valorem Tax or District Powers
Section 775.033. Liability of District
Section 775.034. Appointment of Board in District Located Wholly in One County
Section 775.0341. Appointment of Board in Certain Districts Located in More Than One County
Section 775.0345. Election of Board in Certain Counties
Section 775.035. Election of Board in District Located in More Than One County
Section 775.0355. Disqualification of Emergency Services Commissioners in Certain Counties
Section 775.036. Powers and Duties of Board
Section 775.0362. Limit on Regulation of Fireworks
Section 775.0363. Regulation of Fireworks
Section 775.0365. Board Training
Section 775.0366. Service Contracts
Section 775.037. Officers of Board
Section 775.038. Compensation; Conflict of Interest
Section 775.039. Differential Pay and Benefits for Employees of Emergency Services Districts
Section 775.040. Fees for Providing Services
Section 775.041. Fee Payment and Collection
Section 775.042. Removal of Board Member by Board
Section 775.0422. Removal of Appointed Board Member by Commissioners Court
Section 775.0423. Removal of Elected Board Member
Section 775.043. Exemption From Investment Training
Section 775.044. Vacancy on Board of District Located in More Than One County
Section 775.0445. Vacancy on Board of District Located in Certain Counties