| 3 | 4 | | |
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| 4 | 5 | | |
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| 5 | 6 | | A BILL TO BE ENTITLED |
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| 6 | 7 | | AN ACT |
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| 7 | 8 | | relating to the liability of first responders who provide roadside |
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| 8 | 9 | | assistance. |
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| 9 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 11 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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| 11 | 12 | | amended by adding Chapter 78A to read as follows: |
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| 12 | 13 | | CHAPTER 78A. LIABILITY OF FIRST RESPONDERS FOR ROADSIDE ASSISTANCE |
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| 13 | 14 | | Sec. 78A.001. DEFINITIONS. In this chapter: |
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| 14 | 15 | | (1) "First responder" means a law enforcement, fire |
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| 15 | 16 | | protection, or emergency medical services employee or volunteer, |
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| 16 | 17 | | including: |
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| 17 | 18 | | (A) a peace officer as defined by Article 2.12, |
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| 18 | 19 | | Code of Criminal Procedure; |
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| 19 | 20 | | (B) fire protection personnel as defined by |
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| 20 | 21 | | Section 419.021, Government Code; |
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| 21 | 22 | | (C) a volunteer firefighter who is: |
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| 22 | 23 | | (i) certified by the Texas Commission on |
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| 23 | 24 | | Fire Protection or by the State Firefighters' and Fire Marshals' |
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| 24 | 25 | | Association of Texas; or |
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| 25 | 26 | | (ii) a member of an organized volunteer |
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| 26 | 27 | | firefighting unit as described by Section 615.003, Government Code; |
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| 27 | 28 | | and |
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| 28 | 29 | | (D) an individual certified as emergency medical |
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| 29 | 30 | | services personnel by the Department of State Health Services. |
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| 30 | 31 | | (2) "Roadside assistance" means assistance to the |
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| 31 | 32 | | owner, operator, or passenger of a motor vehicle with an incident |
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| 32 | 33 | | related to the operation of the motor vehicle, including |
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| 33 | 34 | | jump-starting or replacing a motor vehicle battery, lockout |
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| 34 | 35 | | assistance, replacing a flat tire, and roadside vehicle breakdown |
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| 35 | 36 | | assistance. |
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| 36 | 37 | | Sec. 78A.002. LIABILITY OF FIRST RESPONDER. A first |
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| 37 | 38 | | responder who in good faith provides roadside assistance is not |
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| 38 | 39 | | liable in civil damages for an act or omission that occurs while the |
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| 39 | 40 | | first responder is providing roadside assistance unless the act or |
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| 40 | 41 | | omission constitutes gross negligence, recklessness, or |
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| 41 | 42 | | intentional misconduct. |
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| 42 | 43 | | SECTION 2. Section 78A.002, Civil Practice and Remedies |
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| 43 | 44 | | Code, as added by this Act, does not apply to a cause of action that |
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| 44 | 45 | | accrued before the effective date of this Act. A cause of action |
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| 45 | 46 | | that accrued before the effective date of this Act is governed by |
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| 46 | 47 | | the law applicable to the cause of action immediately before that |
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| 47 | 48 | | date, and the former law is continued in effect for that purpose. |
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| 48 | 49 | | SECTION 3. This Act takes effect September 1, 2015. |
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