79R7938 UM-F

By:  Riddle                                                       H.B. No. 1700



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of emergency services providers in 
municipalities or certain counties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 773.051, Health and Safety Code, is 
amended to read as follows:
	Sec. 773.051.  [MUNICIPAL] REGULATION IN MUNICIPALITIES OR 
CERTAIN COUNTIES.  (a)  A municipality by ordinance may establish 
standards for an emergency medical services provider that are 
stricter than the minimum standards of this chapter and department 
rules adopted under this chapter.
	(b)  A county with a population of more than 3.2 million may 
establish, by regulation, standards for an emergency medical 
services provider that are stricter than the minimum standards of 
this chapter and department rules adopted under this chapter.  If 
both a county and a municipality located in the county establish 
standards for an emergency medical services provider, the stricter 
standards apply.
	(c)  The municipality or county may require an emergency 
medical services provider to obtain a permit on a periodic basis to 
operate within the municipality's or county's jurisdiction.  If 
both the municipality and county require an emergency medical 
services provider to obtain a permit, the emergency medical 
services provider shall apply for a permit from the entity with the 
stricter standards.  An application for a permit must be made in 
accordance with the regulations adopted by the health authority, 
local health department, or public health district for the 
municipality or county with jurisdiction.  The municipality or 
county shall deposit funds collected from permit applications into 
an emergency medical services fund.  The municipality or county 
shall use money from the fund to administer this section.
	(d)  The health authority, local health department, or 
public health district for the municipality or county that issues 
an emergency medical services provider a permit may inspect an 
emergency medical services vehicle or the premises of an emergency 
medical services provider's place of business to ensure that the 
provider is in compliance with regulations adopted by the health 
authority, local health department, or public health district for 
the municipality or county.
	(e)  The health authority, local health department, or 
public health district for the municipality or county may deny, 
suspend, or revoke a permit issued under this section.
	(f)  A district court may hear a suit arising from the 
denial, suspension, or revocation of a permit under Subsection (e).
	(g)  The municipality or county may seek an injunction from 
the district court to prohibit a violation of a regulation adopted 
under this section.
	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.