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.