85R22846 LED-D     By: Bohac H.B. No. 590       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.