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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of first responders who provide roadside |
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assistance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 78A to read as follows: |
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CHAPTER 78A. LIABILITY OF FIRST RESPONDERS FOR ROADSIDE ASSISTANCE |
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Sec. 78A.001. DEFINITIONS. In this chapter: |
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(1) "First responder" means a law enforcement, fire |
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protection, or emergency medical services employee or volunteer, |
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including: |
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(A) a peace officer as defined by Article 2.12, |
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Code of Criminal Procedure; |
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(B) fire protection personnel as defined by |
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Section 419.021, Government Code; |
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(C) a volunteer firefighter who is: |
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(i) certified by the Texas Commission on |
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Fire Protection or by the State Firefighters' and Fire Marshals' |
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Association of Texas; or |
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(ii) a member of an organized volunteer |
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fire-fighting unit that renders fire-fighting services without |
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remuneration and conducts a minimum of two drills each month, each |
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two hours long; and |
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(D) an individual certified as emergency medical |
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services personnel by the Department of State Health Services. |
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(2) "Roadside assistance" means assistance to the |
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owner, operator, or passenger of a motor vehicle with an incident |
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related to the operation of the motor vehicle, including |
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jump-starting or replacing a motor vehicle battery, lockout |
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assistance, replacing a flat tire, and roadside vehicle breakdown |
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assistance. |
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Sec. 78A.002. LIABILITY OF FIRST RESPONDER. A first |
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responder who in good faith provides roadside assistance is not |
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liable in civil damages for damage to the motor vehicle affected by |
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the incident for which the roadside assistance is provided that is |
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caused by an act or omission that occurs during the performance of |
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the act of roadside assistance unless the act or omission |
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constitutes gross negligence, recklessness, or intentional |
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misconduct. |
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SECTION 2. Section 78A.002, Civil Practice and Remedies |
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Code, as added by this Act, does not apply to a cause of action that |
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accrued before the effective date of this Act. A cause of action |
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that accrued before the effective date of this Act is governed by |
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the law applicable to the cause of action immediately before that |
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date, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |
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