85R22846 LED-D
By: Bohac H.B. No. 590
Substitute the following for H.B. No. 590:
By: Smithee C.S.H.B. No. 590
A BILL TO BE ENTITLED
AN ACT
relating to the liability of first responders who provide roadside
assistance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 78A to read as follows:
CHAPTER 78A. LIABILITY OF FIRST RESPONDERS FOR ROADSIDE ASSISTANCE
Sec. 78A.001. DEFINITIONS. In this chapter:
(1) "First responder" means a law enforcement, fire
protection, or emergency medical services employee or volunteer,
including:
(A) a peace officer as defined by Article 2.12,
Code of Criminal Procedure;
(B) fire protection personnel as defined by
Section 419.021, Government Code;
(C) a volunteer firefighter who is:
(i) certified by the Texas Commission on
Fire Protection or by the State Firefighters' and Fire Marshals'
Association of Texas; or
(ii) a member of an organized volunteer
fire-fighting unit that renders fire-fighting services without
remuneration and conducts a minimum of two drills each month, each
two hours long; and
(D) an individual certified as emergency medical
services personnel by the Department of State Health Services.
(2) "Roadside assistance" means assistance to the
owner, operator, or passenger of a motor vehicle with an incident
related to the operation of the motor vehicle, including
jump-starting or replacing a motor vehicle battery, lockout
assistance, replacing a flat tire, and roadside vehicle breakdown
assistance.
Sec. 78A.002. LIABILITY OF FIRST RESPONDER. A first
responder who in good faith provides roadside assistance is not
liable in civil damages for damage to the motor vehicle affected by
the incident for which the roadside assistance is provided that is
caused by an act or omission that occurs during the performance of
the act of roadside assistance unless the act or omission
constitutes gross negligence, recklessness, or intentional
misconduct.
SECTION 2. Section 78A.002, Civil Practice and Remedies
Code, as added by this Act, does not apply to a cause of action that
accrued before the effective date of this Act. A cause of action
that accrued before the effective date of this Act is governed by
the law applicable to the cause of action immediately before that
date, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.