CHAPTER 795. USE OF CERTAIN FIRE TRUCKS - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 9. SAFETY

SUBTITLE C. FIRE

CHAPTER 795. USE OF CERTAIN FIRE TRUCKS

Sec. 795.001. DEFINITION. In this chapter, "fire department"

means:

(1) a volunteer fire department; or

(2) a department of a municipality, county, or special district

or authority that provides fire-fighting services.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 279, eff. Sept. 1,

1991.

Sec. 795.002. GOOD AND DEPENDABLE CONDITION REQUIRED. (a) This

chapter applies only to a fire truck in a good and dependable

operating condition. A fire truck is considered to be in a good

and dependable operating condition if:

(1) the truck complies with the standards established by or

under state law for the operating condition of a fire truck; and

(2) the fire department that uses the truck has secured

certification by an underwriters laboratory that meets NATIONAL

FIRE PROTECTION STANDARDS 1901.

(b) A fire truck may not be considered to be in a condition

other than a good and dependable operating condition solely

because the truck is 25 years old or older.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 279, eff. Sept. 1,

1991.

Sec. 795.003. CERTAIN RESTRICTIONS INVOLVING AGE OF FIRE TRUCK

PROHIBITED. A contract, including any form of an insurance

contract, or an order, ordinance, rule, or similar decree of a

local government or state agency may not:

(1) restrict a fire department from using a fire truck that is

25 years old or older; or

(2) prevent any benefit from being claimed because the claim

arises out of circumstances in which a fire truck that is 25

years old or older is used.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 279, eff. Sept. 1,

1991.