H.B. No. 1592




AN ACT

relating to the establishment of the offense of performing surgery 
while intoxicated.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 165, Occupations Code, is 
amended by adding Section 165.1535 to read as follows:
	Sec. 165.1535.  PERFORMING SURGERY WHILE INTOXICATED.  (a)  
In this section, "intoxicated" has the meaning assigned by Section 
49.01, Penal Code.
	(b)  A person commits an offense if the person is licensed or 
regulated under this subtitle, performs surgery on a patient while 
intoxicated, and, by reason of that conduct, places the patient at a 
substantial and unjustifiable risk of harm.
	(c)  An offense under this section is a state jail felony.              
	(d)  It is an affirmative defense to prosecution under this 
section that the actor performed the surgery in an emergency.  In 
this subsection, "emergency" means a condition or circumstance in 
which a reasonable person with education and training similar to 
that of the actor would assume that the person on whom the surgery 
was performed was in imminent danger of serious bodily injury or 
death.
	SECTION 2.  This Act takes effect September 1, 2003.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 1592 was passed by the House on April 
9, 2003, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 1592 was passed by the Senate on May 
28, 2003, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor