By Zaffirini S.B. No. 1431
74R6847 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision and funding of emergency medical
1-3 services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 773.009, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 773.009. LIMITATION ON CIVIL LIABILITY. (a) A person
1-8 who authorizes, sponsors, supports, finances, or supervises the
1-9 functions of emergency room personnel and emergency medical
1-10 services personnel is not liable for civil damages for an act or
1-11 omission connected with training emergency medical services
1-12 personnel or with services or treatment given to a patient or
1-13 potential patient by emergency medical services personnel if the
1-14 training, services, or treatment is performed in accordance with
1-15 the standard of ordinary care. This subsection does not apply to a
1-16 medical director of an emergency medical services provider or to an
1-17 emergency medical services volunteer.
1-18 (b) A medical director of an emergency medical services
1-19 provider is not liable for an act or omission arising in connection
1-20 with the training or supervision of emergency medical services
1-21 personnel or the provision of emergency medical care, unless the
1-22 act or omission is committed by the medical director intentionally,
1-23 with wilful or wanton negligence, or with reckless disregard for
1-24 the safety of others.
2-1 (c) An emergency medical services volunteer is not liable
2-2 for an act or omission arising in connection with the provision of
2-3 emergency medical services, unless the act or omission is committed
2-4 by the volunteer intentionally, with wilful or wanton negligence,
2-5 or with reckless disregard for the safety of others. Section
2-6 84.004, Civil Practice and Remedies Code, does not apply to the
2-7 liability of a volunteer governed by this subsection.
2-8 SECTION 2. Section 773.021, Health and Safety Code, is
2-9 amended to read as follows:
2-10 Sec. 773.021. STATE PLAN. (a) The bureau shall develop a
2-11 state plan for the prompt and efficient delivery of adequate
2-12 emergency medical services to acutely sick or injured persons.
2-13 (b) The state plan must include an emergency radio
2-14 communication plan to be used by local governments and districts
2-15 that provide emergency medical services to develop an emergency
2-16 radio communication network linking emergency medical service
2-17 providers with local hospitals or trauma centers.
2-18 (c) The advisory council shall consider the bureau's actions
2-19 under Subsection (a), and the board shall review the council's
2-20 recommendations.
2-21 SECTION 3. Subchapter B, Chapter 773, Health and Safety
2-22 Code, is amended by adding Section 773.0215 to read as follows:
2-23 Sec. 773.0215. STATEWIDE EMERGENCY MEDICAL SERVICES FORCE.
2-24 (a) The bureau shall establish a statewide emergency medical
2-25 services force composed of volunteers trained and recruited by the
2-26 department and supported by state-of-the-art equipment, technology,
2-27 and training.
3-1 (b) Through assignment of the force throughout the state,
3-2 the bureau shall provide support and assistance to local
3-3 governments and districts that provide emergency medical services
3-4 in this state.
3-5 (c) The board, in consultation with the bureau chief of the
3-6 bureau of emergency management and the emergency medical services
3-7 advisory council, shall adopt rules to implement this section.
3-8 SECTION 4. Subchapter A, Chapter 102, Code of Criminal
3-9 Procedure, is amended by adding Article 102.019 to read as follows:
3-10 Art. 102.019. COURT COSTS; EMERGENCY MEDICAL SERVICES. (a)
3-11 Except as provided by Subsection (c), a defendant convicted of an
3-12 offense under the Uniform Act Regulating Traffic on Highways
3-13 (Article 6701d, Vernon's Texas Civil Statutes) shall pay as a cost
3-14 of court $5.
3-15 (b) A defendant convicted of an offense relating to the
3-16 driving or operating of a motor vehicle under Section 49.04, Penal
3-17 Code, shall pay as a cost of court $25.
3-18 (c) Subsection (a) does not apply to a person convicted of
3-19 an offense under the Uniform Act Regulating Traffic on Highways
3-20 (Article 6701d, Vernon's Texas Civil Statutes) if the person is
3-21 convicted of a provision of that Act that regulates pedestrians or
3-22 the parking of motor vehicles.
3-23 (d) In this article, a person is considered to have been
3-24 convicted in a case if:
3-25 (1) a sentence is imposed;
3-26 (2) the defendant receives community supervision; or
3-27 (3) the court defers final disposition of the case.
4-1 (e) An officer collecting costs under Subsection (a) or (b)
4-2 shall keep a separate record of the funds collected as costs under
4-3 this article.
4-4 (f) An officer collecting costs under Subsection (a) or (b)
4-5 shall file the report required under Article 103.005. If no funds
4-6 due as costs under Subsection (a) or (b) are collected in a
4-7 calendar quarter, the report required for the quarter shall be
4-8 filed in the regular manner and must state that no funds due under
4-9 Subsection (a) or (b) were collected.
4-10 (g) The custodian of the county treasury shall keep a record
4-11 of the amount of funds collected under Subsections (a) and (b) and,
4-12 on or before the last day of the month following each calendar
4-13 quarter, deposit the amount to the credit of a segregated account
4-14 in the general fund of the county.
4-15 (h) The governing body of the county may appropriate funds
4-16 collected under this article only for the maintenance and support
4-17 of emergency medical services provided in the county, including any
4-18 part of a municipality located in the county or any part of an
4-19 emergency services district located in the county.
4-20 (i) In this article, "emergency medical services" has the
4-21 meaning assigned by Section 773.003, Health and Safety Code.
4-22 SECTION 5. Section 773.009, Health and Safety Code, as
4-23 amended by this Act, applies only to a cause of action that accrues
4-24 on or after the effective date of this Act. An action that accrued
4-25 before the effective date of this Act is governed by the law as it
4-26 existed immediately before the effective date of this Act, and that
4-27 law is continued in effect for that purpose.
5-1 SECTION 6. (a) The change in law made by Section 4 of this
5-2 Act applies only to the costs of court for an offense committed on
5-3 or after the effective date of this Act. For purposes of this
5-4 section, an offense is committed before the effective date of this
5-5 Act if any element of the offense occurs before the effective date.
5-6 (b) Costs of court for an offense committed before the
5-7 effective date of this Act are covered by the law in effect when
5-8 the offense was committed, and the former law is continued in
5-9 effect for that purpose.
5-10 SECTION 7. This Act takes effect September 1, 1995.
5-11 SECTION 8. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended.