Amend SB 328 on third reading by adding the following 
appropriately numbered SECTION to the bill and renumbering 
subsequent SECTIONS of the bill accordingly:
	SECTION ____.  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 
authorized to take a blood specimen under Subsection (c).
	(b)  A [The] blood specimen must be taken according to 
recognized medical procedures.  A [in a sanitary place.
	[(b)  The] person or the employer of a person who takes a
[the] blood specimen [under this chapter, or the hospital where the 
blood specimen is taken,] is not liable for damages arising from the 
taking of the blood specimen pursuant to a search warrant, or at the 
request or order of a [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-intermediate or emergency medical technician-paramedic 
may take a blood specimen only if authorized by the medical director 
for the entity that employs the technician-intermediate or 
technician-paramedic.  The specimen must be taken according to a 
protocol developed by the medical director that provides direction 
to the technician-intermediate or technician-paramedic for the 
taking of a blood specimen at the request of a peace officer. In 
this subsection, "medical director" means a licensed physician who 
supervises the provision of emergency medical services by a public 
or private entity that:
		(1)  provides those services; and                                      
		(2)  employs one or more licensed or certified 
emergency medical technician-intermediates or emergency medical 
technician-paramedics [section, "qualified technician" does not 
include emergency medical services personnel].
	(d)  A protocol developed under Subsection (c) may address 
whether an emergency medical technician-intermediate or emergency 
medical technician-paramedic engaged in the performance of 
official duties may refuse to:
		(1)  go to the location of a person from whom a peace 
officer requests or orders the taking of a blood specimen solely for 
the purpose of taking that blood specimen;
		(2)  take a blood specimen if the 
technician-intermediate or technician-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 patient care or other official duties; or
		(3)  provide the equipment or supplies necessary to 
take a blood specimen.
	(e)  If a licensed or certified emergency medical 
technician-intermediate or emergency medical technician-paramedic 
takes a blood specimen at the request or order of a peace officer, a 
peace officer must observe the taking of the specimen and must 
immediately take possession of the specimen for purposes of 
establishing a chain of custody.