Bill Text: TX HB590 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the liability of first responders who provide roadside assistance.
Sponsorship: Partisan Bill (Republican 4)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB590 Detail]
Download: Texas-2017-HB590-Enrolled.html
| H.B. No. 590 | ||
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| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 590 was passed by the House on May 5, | ||
| 2017, by the following vote: Yeas 143, Nays 0, 3 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 590 was passed by the Senate on May | ||
| 23, 2017, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
