This subchapter applies only to damages for personal injury, death, or property damage arising from an error or omission of:

1. (1) a nonprofit fire department providing services to respond to marine fire emergencies under contract to a governmental unit, if the error or omission occurs in responding to a marine fire emergency:

   1. (A) on the navigable waters of this state;
   2. (B) in any place into which a vessel enters or from which a vessel departs the waterway leading to that place from the Gulf of Mexico or the Gulf Intracoastal Waterway;
   3. (C) on property owned or under the control of the governmental unit; or
   4. (D) at the request of the governmental unit in the interest of public safety; or
2. (2) a fire fighter providing services described by Subdivision (1).

Added by Acts 1997, 75th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1997.