Tex. Civ. Practice & Remedies Code Section 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.