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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.