By Nelson                                               S.B. No. 92
         77R698 MTB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to reports of intoxication by emergency medical services
 1-3     personnel.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. The heading of Subchapter E, Chapter 161, Health
 1-6     and Safety Code, is amended to read as follows:
 1-7      SUBCHAPTER E.  MANDATORY REPORTS OF GUNSHOT WOUNDS AND CONTROLLED
 1-8           SUBSTANCE OVERDOSES; PERMISSIVE REPORTS OF INTOXICATION
 1-9           SECTION 2. Subchapter E, Chapter 161, Health and Safety Code,
1-10     is amended by adding Section 161.045 to read as follows:
1-11           Sec. 161.045.  PERMISSIVE REPORTING OF INTOXICATION.  (a)  In
1-12     this section:
1-13                 (1)  "Health care provider" includes a physician, a
1-14     nurse, and a person certified as an emergency medical services
1-15     personnel under Chapter 773.
1-16                 (2)  "Intoxicated" has the meaning assigned by Section
1-17     49.01, Penal Code.
1-18           (b)  A health care provider who provides emergency medical
1-19     care to a person for injuries sustained in a motor vehicle
1-20     collision may report the case to the law enforcement authority of
1-21     the municipality or county in which the collision occurred  or in
1-22     which the emergency medical care was provided if the health care
1-23     provider has reasonable cause to believe that the person:
1-24                 (1)  is intoxicated; and
 2-1                 (2)  was the operator of a motor vehicle involved in
 2-2     the collision.
 2-3           (c)  An individual is not liable for civil damages or subject
 2-4     to criminal prosecution for making a report in good faith under
 2-5     this section.
 2-6           SECTION 3. This Act takes effect immediately if it receives a
 2-7     vote of two-thirds of all the members elected to each house, as
 2-8     provided by Section 39, Article III, Texas Constitution.  If this
 2-9     Act does not receive the vote necessary for immediate effect, this
2-10     Act takes effect September 1, 2001.