Texas Civil Practice and Remedies Code

§ 93.002 — DRY FIRE HYDRANTS: AFFIRMATIVE DEFENSE

CP § 93.002Title 4. LIABILITY IN TORT · Ch. 93. ASSUMPTION OF THE RISK AND CERTAIN OTHER AFFIRMATIVE DEFENSES

Statute text

(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

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Legislative history

Added by Acts 1997, 75th Leg., ch. 437, Sec. 1, eff. Sept. 1, 1997.