Texas 2017 - 85th Regular

Texas House Bill HB590 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Bohac (Senate Sponsor - Huffines) H.B. No. 590
2		-	(In the Senate - Received from the House May 8, 2017;
3		-	May 9, 2017, read first time and referred to Committee on State
4		-	Affairs; May 18, 2017, reported favorably by the following vote:
5		-	Yeas 9, Nays 0; May 18, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 590
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the liability of first responders who provide roadside
12	6		assistance.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Title 4, Civil Practice and Remedies Code, is
15	9		amended by adding Chapter 78A to read as follows:
16	10		CHAPTER 78A. LIABILITY OF FIRST RESPONDERS FOR ROADSIDE ASSISTANCE
17	11		Sec. 78A.001. DEFINITIONS. In this chapter:
18	12		(1) "First responder" means a law enforcement, fire
19	13		protection, or emergency medical services employee or volunteer,
20	14		including:
21	15		(A) a peace officer as defined by Article 2.12,
22	16		Code of Criminal Procedure;
23	17		(B) fire protection personnel as defined by
24	18		Section 419.021, Government Code;
25	19		(C) a volunteer firefighter who is:
26	20		(i) certified by the Texas Commission on
27	21		Fire Protection or by the State Firefighters' and Fire Marshals'
28	22		Association of Texas; or
29	23		(ii) a member of an organized volunteer
30	24		fire-fighting unit that renders fire-fighting services without
31	25		remuneration and conducts a minimum of two drills each month, each
32	26		two hours long; and
33	27		(D) an individual certified as emergency medical
34	28		services personnel by the Department of State Health Services.
35	29		(2) "Roadside assistance" means assistance to the
36	30		owner, operator, or passenger of a motor vehicle with an incident
37	31		related to the operation of the motor vehicle, including
38	32		jump-starting or replacing a motor vehicle battery, lockout
39	33		assistance, replacing a flat tire, and roadside vehicle breakdown
40	34		assistance.
41	35		Sec. 78A.002. LIABILITY OF FIRST RESPONDER. A first
42	36		responder who in good faith provides roadside assistance is not
43	37		liable in civil damages for damage to the motor vehicle affected by
44	38		the incident for which the roadside assistance is provided that is
45	39		caused by an act or omission that occurs during the performance of
46	40		the act of roadside assistance unless the act or omission
47	41		constitutes gross negligence, recklessness, or intentional
48	42		misconduct.
49	43		SECTION 2. Section 78A.002, Civil Practice and Remedies
50	44		Code, as added by this Act, does not apply to a cause of action that
51	45		accrued before the effective date of this Act. A cause of action
52	46		that accrued before the effective date of this Act is governed by
53	47		the law applicable to the cause of action immediately before that
54	48		date, and the former law is continued in effect for that purpose.
55	49		SECTION 3. This Act takes effect September 1, 2017.
56		-	* * * * *
	50	+	______________________________ ______________________________
	51	+	President of the Senate Speaker of the House
	52	+	I certify that H.B. No. 590 was passed by the House on May 5,
	53	+	2017, by the following vote: Yeas 143, Nays 0, 3 present, not
	54	+	voting.
	55	+	______________________________
	56	+	Chief Clerk of the House
	57	+	I certify that H.B. No. 590 was passed by the Senate on May
	58	+	23, 2017, by the following vote: Yeas 31, Nays 0.
	59	+	______________________________
	60	+	Secretary of the Senate
	61	+	APPROVED: _____________________
	62	+	Date
	63	+	_____________________
	64	+	Governor