79R13638 JD-D


By:  Corte                                                        H.B. No. 14 

Substitute the following for H.B. No. 14:                                     

By:  Jackson                                                  C.S.H.B. No. 14 



A BILL TO BE ENTITLED

AN ACT

relating to the persons authorized to draw a blood specimen from a 
vehicle operator to test for alcohol concentration or other 
intoxicating substances.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 724.017, Transportation Code, is amended 
to read as follows:
	Sec. 724.017.  TAKING OF BLOOD SPECIMEN.  (a)  Only the 
following [a physician, qualified technician, chemist, registered 
professional nurse, or licensed vocational nurse] may take a blood 
specimen at the request or order of a peace officer under this 
chapter:
		(1)  a physician;                                                      
		(2)  a qualified technician;                                           
		(3)  a chemist;                                                        
		(4)  a registered professional nurse;                                  
		(5)  a licensed vocational nurse; or                                   
		(6)  a licensed or certified emergency medical 
technician-paramedic or a licensed paramedic.
	(b)  A [The] blood specimen must be taken according to 
recognized medical procedures [in a sanitary place].  [(b)] The 
person who takes a [the] blood specimen under this chapter, or the 
facility [hospital] where a [the] blood specimen is taken, is not 
liable for damages arising from the request or order of the peace 
officer to take the blood specimen as provided by this chapter if 
the blood specimen was taken according to recognized medical 
procedures.  This subsection does not relieve a person from 
liability for negligence in the taking of a blood specimen.
	(c)  A licensed or certified emergency medical 
technician-paramedic or a licensed paramedic who is not present at 
the location of the person from whom a peace officer requests or 
orders the taking of a blood specimen may not be required to go to 
that location solely for that purpose.  A licensed or certified 
emergency medical technician-paramedic or a licensed paramedic who 
is engaged in the performance of official duties is not required to 
take a blood specimen if the technician-paramedic or paramedic 
reasonably believes that complying with the peace officer's request 
or order to take the specimen would impair or interfere with the 
performance of those duties [In this section, "qualified 
technician" does not include emergency medical services 
personnel].
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.