Tex.
Health & Safety Code Section 775.0366
Service Contracts
(a)
In this section, “local government” has the meaning assigned by Section 791.003 (Definitions), Government Code.(b)
The board may contract with a local government, including another district, to provide staff, facilities, equipment, programs, or services the board considers necessary to provide or obtain emergency services that the district or the local government is authorized to provide.(c)
A person acting under a contract under this section, including an emergency services commissioner, does not, because of that action, hold more than one civil office of emolument or more than one office of honor, trust, or profit.(d)
Except as provided by Subsection (e), if a district contracts with a local government under this section to provide or obtain emergency services, the district is responsible for any civil liability that arises from furnishing those services if the district would have been responsible for furnishing the services in the absence of the contract.(e)
The parties to a contract between governmental entities under this section may agree to assign responsibility for civil liability that arises from services provided under the contract in any manner agreed to by the parties. The parties must assign that responsibility in a written provision of the contract that specifically refers to this subsection and states that the assignment of liability is intended to be different from liability otherwise assigned under Subsection (d).(f)
This section does not change the liability limits and immunities for a governmental unit under Chapter 101 (Tort Claims), Civil Practice and Remedies Code, or other law.(g)
A contract under this section is not a joint enterprise for liability purposes.
Source:
Section 775.0366 — Service Contracts, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.775.htm#775.0366 (accessed Jun. 5, 2024).
