§ 78B.001.Definitions

Two definitions for a 2023 chapter addressing an unusual request.

"First responder" follows the roadside assistance chapter's definition — peace officers, fire protection personnel, qualifying volunteer firefighters, and certified EMS personnel — with one addition: an agency of this state or a political subdivision authorized by law to employ or supervise such personnel.

The agency inclusion matters because the protection this chapter gives is against a claim for refusing to act, and such a claim would naturally be brought against the department rather than the individual who declined.

"Wellness check" means a request by any person for a first responder to visit a civil commitment facility and determine the current condition of a sexually violent predator who is civilly committed under the Health and Safety Code.

Texas civilly commits certain sexually violent predators after their criminal sentences, housing them in secure facilities under the supervision of the Texas Civil Commitment Office.

"By any person" is the operative breadth. The request may come from anyone — a relative, an advocate, a member of the public — and the chapter does not require any connection to the committed person.

That breadth is what created the problem: a facility subject to unlimited requests from anyone, and first responders asked to divert resources to answering them.