Texas Codes

Tex. Water Code § 67.0105 (2026)

Water For Fire Suppression

✓ current as of May 2026

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Sec. 67.0105. WATER FOR FIRE SUPPRESSION. (a) A corporation may provide a water supply to a governmental entity or volunteer fire department for use in fire suppression.

(a-1) A corporation may enter into a contract with a governmental entity or a volunteer fire department to supply water to fire hydrants owned by the governmental entity or the corporation for use in fire suppression by the governmental entity's fire department or a volunteer fire department. The contract must be under terms that are mutually beneficial to the contracting parties.

(b) The furnishing of a water supply and fire hydrant equipment by a governmental entity or a volunteer fire department directly or through another entity by a lease, contract, or any other manner is an essential governmental function and not a proprietary function for all purposes, including the application of Chapter 101, Civil Practice and Remedies Code.

(c) A corporation that provides a governmental entity or volunteer fire department with a water supply or fire hydrant equipment to carry out the governmental function described by Subsection (b) may be liable for damages only to the extent that the governmental entity or volunteer fire department would be liable if the governmental entity or volunteer fire department were performing the governmental function directly.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.19(a), eff. Sept. 1, 1999.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 290 (H.B. 1814), Sec. 1, eff. September 1, 2011.

Notes of Decisions

Cited in 3 cases, 2003–2019 · leading case: Rosenberg Dev. Corp. v. Imperial Performing Arts, Inc., 571 S.W.3d 738 (Tex. 2019).

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Rosenberg Dev. Corp. v. Imperial Performing Arts, Inc., 571 S.W.3d 738 (Tex. 2019). · cites it 2× “.”); TEX. TRANSP. CODE § 452.052(a) (“[A regional transportation] authority: (1) is a public political entity and corporate body; .”

City of Georgetown, Texas v. Lower Colorado River Auth., 413 S.W.3d 803 (Tex. App. 2013). · cites it 2× “0561(b) (stating that operations of public transportation entity are governmental functions); Tex. Water Code § 67.0105(b) (“The furnishing of a water supply and fire hydrant equipment by a governmental entity or a volunteer fire department .”

Lone Star Caliper Co. v. Talty Water Supply Corp., 102 S.W.3d 198 (Tex. App. 2003). “Tex. Water Code Ann. § 67.0105 (Vernon’s Supp.”

— Tex. Water Code § 67.0105(b) — 2 cases

Rosenberg Dev. Corp. v. Imperial Performing Arts, Inc., 571 S.W.3d 738 (Tex. 2019). “.”); TEX. TRANSP. CODE § 452.052(a) (“[A regional transportation] authority: (1) is a public political entity and corporate body; .”

City of Georgetown, Texas v. Lower Colorado River Auth., 413 S.W.3d 803 (Tex. App. 2013). “0561(b) (stating that operations of public transportation entity are governmental functions); Tex. Water Code § 67.0105(b) (“The furnishing of a water supply and fire hydrant equipment by a governmental entity or a volunteer fire department .”

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