HomeMy WebLinkAbout19058 RES - 10/15/1985• •
A RESOLUTION
SUPPORTING STATE LEGISLATION TO IMMUNIZE PROVIDERS OF
EMERGENCY SERVICES WHEN ACTING IN AN EMERGENCY AND NOT
IN VIOLATION OF ANY LAW OR ORDINANCE APPLICABLE TO THE
EMERGENCY ACTION.
WHEREAS, the Texas Supreme Court in the case styled Ron Black v.
Nueces County Rural Fire Prevention District No. 2, in construing Section
14(8) of the Texas Tort Claims Act has ruled that in the absence of laws or
ordinances applicable to emergency action, there is no exception to the
waiver of sovereign immunity; and
WHEREAS, Section 14(8) of the Texas Tort Claims Act was intended
to immunize from liability the providers of emergency services acting in an
emergency so long as they were not acting in violation of a law or
ordinance applicable to the emergency action; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Council urges the delegates of the 72nd
Annual Conference of the Texas Municipal League to adopt a resolution, a
copy of which is attached hereto as Exhibit "A".
SECTION 2. That upon written request of the Mayor or five
Council members, copy attached, to find and declare an emergency due to the
immediate need for the efficient and effective administration of City
affairs, such finding of an emergency is made and declared requiring
suspension of the Charter rule as to consideration and voting upon
ordinances or resolutions at three regular meetings so that this resolution
is passed and shall take effect upon first reading as an emergency measure
this the 15th day of October, 1985.
ATTEST:
City Secretary V MAYOR
APPROVED: /s74 DAY OF OCTOBER, 1985
41111.
Assist. C �� Att.4
02E.026.02
THE CITY OF CORPUS CHRISTI, TEXAS
19058 MICROFILMED
A RESOLUTION
SUPPORTING STATE LEGISLATION TO IMMUNIZE PROVIDERS OF
EMERGENCY SERVICES WHEN ACTING IN AN EMERGENCY AND NOT
IN VIOLATION OF ANY LAW OR ORDINANCE APPLICABLE TO THE
EMERGENCY ACTION.
WHEREAS, the Texas Supreme Court in the case styled Ron Black v.
Nueces County Rural Fire Prevention District No. 2, in construing Section
14(8) of the Texas Tort Claims Act has ruled that in the absence of laws or
ordinances applicable to emergency action, there is no exception to the
waiver of sovereign immunity; and
WHEREAS, Section 14(8) of the Texas Tort Claims Act was intended
to immunize from liability the providers of emergency services acting in an
emergency so long as they were not acting in violation of a law or
ordinance applicable to the emergency action; and
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this
72nd Annual Conference of the Texas Municipal League that TML endorses
passage of legislation to clearly express the legislative intent of
providing immunity to providers of emergency services acting in an
emergency when not in violation of any laws or ordinances applicable to the
emergency action; directs the Executive Director and his staff to take
measures to assist in its passage, and urges all member cities individually
to contact their representatives in the State Legislature to inform them of
the great importance of this bill to every city in the State and to solicit
their support in passing it.
PASSED AND APPROVED at San Antonio, Texas this 2nd day of
November, 1985.
APPROVED:
resident
ATTEST:
Executive Director
(1) Statement of the Problem Addressed by this Resolution:
The recent Texas Supreme Court decision construing the emergency
provision of the Texas Tort Claims Act holds that such immunity is not
available to providers of emergency services acting in an emergency
unless a specific law or ordinance exists applicable to the emergency
action. This creates an almost impossible burden of describing every
conceivable emergency situation and legislatively prescribing the
conduct necessary in order to gain immunity under the Act. This
liability exposure is contrary to strong public policy encouraging
prompt and effective actions by providers of emergency services.
04P.159.01
• •
(2)
How Would Implementation of this Resolution Solve the Problem?
Legislation would clearly state that the immunity of emergency service
providers would be waived only in those situations where a legislature
or city council had legislatively prescribed a standard of conduct
applicable to the emergency action and the emergency service provider
was not acting in accordance with that standard.
04P.159.01
•
Corpus Christi, Texaspeta,u)
day of , 19BS
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
.MAYO
Council Members
THE CIT —sF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
19055