§ 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
Full Text of § 78A.001
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.