Bill Text: TX HB590 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the liability of first responders who provide roadside assistance.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB590 Detail]
Download: Texas-2017-HB590-Enrolled.html
H.B. No. 590 |
|
||
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 |