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A BILL TO BE ENTITLED
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AN ACT
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relating to the persons authorized to draw a blood specimen from a |
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vehicle operator to test for alcohol concentration or other |
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intoxicating substances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 724.017, Transportation Code, is amended |
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to read as follows: |
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Sec. 724.017. TAKING OF BLOOD SPECIMEN. (a) Only the |
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following [a physician, qualified technician, chemist, registered
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professional nurse, or licensed vocational nurse] may take a blood |
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specimen at the request or order of a peace officer under this |
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chapter: |
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(1) a physician; |
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(2) a qualified technician; |
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(3) a registered professional nurse; |
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(4) a licensed vocational nurse; or |
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(5) a licensed or certified emergency medical |
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technician-intermediate or emergency medical |
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technician-paramedic. |
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(b) A [The] blood specimen must be taken according to |
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recognized medical procedures [in a sanitary place]. |
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[(b)] The person who takes a [the] blood specimen under this |
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chapter, or a [the] hospital where a [the] blood specimen is taken, |
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is not liable for damages arising from the request or order of the |
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peace officer to take the blood specimen as provided by this chapter |
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if the blood specimen was taken according to recognized medical |
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procedures. This subsection does not relieve a person from |
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liability for negligence in the taking of a blood specimen. |
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[(c) In this section, "qualified technician" does not include
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emergency medical services personnel.] |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |