79R147 JD-D
By: Riddle H.B. No. 80
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 registered professional nurse;
(4) a licensed vocational nurse; or
(5) a licensed or certified emergency medical
technician-intermediate or emergency medical
technician-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 a
[the] 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) 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.