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§ 78A.001.Definitions

Title 4. Liability in Tort · Chapter 78A. Liability of First Responders for Roadside Assistance · Last amended 2025 · Last verified August 29, 2026

In one sentenceSection 78A.001 defines first responder to include peace officers, fire protection personnel, certified volunteer firefighters, and EMS personnel, and roadside assistance by four named examples.

Full Text of § 78A.001

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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 2A.001, 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.
End

Plain-English Summary

Two definitions for a 2017 chapter addressing a small and specific situation.

"First responder" means a law enforcement, fire protection, or emergency medical services employee or volunteer, including a peace officer, fire protection personnel, a volunteer firefighter who is either certified by the Texas Commission on Fire Protection or the State Firefighters' and Fire Marshals' Association or a member of an organized unit that renders services without remuneration and conducts a minimum of two drills each month, each two hours long, and an individual certified as emergency medical services personnel.

The drill requirement is unusually specific — two drills a month of two hours each — and it supplies an objective test for an uncertified volunteer unit.

"Roadside assistance" means assistance to the owner, operator, or passenger of a motor vehicle with an incident related to its operation, including jump-starting or replacing a battery, lockout assistance, replacing a flat tire, and roadside vehicle breakdown assistance.

The four examples describe what an officer or firefighter does when they stop for a stranded motorist, and the chapter exists because those helpful acts carry a risk of damaging the vehicle.

The same definition of "first responder" is used, with one addition, in the wellness check chapter enacted six years later.

Frequently Asked Questions

Who is a first responder under this chapter?

A law enforcement, fire protection, or emergency medical services employee or volunteer, including peace officers, fire protection personnel, qualifying volunteer firefighters, and certified EMS personnel.

What qualifies an uncertified volunteer firefighter?

Membership in an organized volunteer unit that renders services without remuneration and conducts at least two drills each month, each two hours long.

What is roadside assistance?

Assistance with an incident related to a vehicle's operation, including jump-starting or replacing a battery, lockout assistance, replacing a flat tire, and breakdown assistance.

Amendment History

  • Added by Acts 2017, 85th Leg., R.S., Ch. 1150 (H.B. 590), Sec. 1, eff. September 1, 2017.
  • Amended by:
  • Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.010, eff. January 1, 2025.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source