By:  Nixon, et al. (Senate Sponsor - Janek)                       H.B. No. 1592
	(In the Senate - Received from the House April 10, 2003; 
April 14, 2003, read first time and referred to Committee on 
Criminal Justice; May 23, 2003, reported favorably by the 
following vote:  Yeas 4, Nays 0; May 23, 2003, sent to printer.)


A BILL TO BE ENTITLED

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.                           



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