By: Bohac (Senate Sponsor - Huffines) H.B. No. 590
         (In the Senate - Received from the House May 8, 2017;
  May 9, 2017, read first time and referred to Committee on State
  Affairs; May 18, 2017, reported favorably by the following vote:  
  Yeas 9, Nays 0; May 18, 2017, sent to printer.)
Click here to see the committee vote
 
 
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.
 
  * * * * *