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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability of hospitals or persons drawing blood |
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pursuant to a search warrant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 724.017(b), Transportation Code, is |
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amended to read as follows: |
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(b) The person who takes the blood specimen under this |
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chapter, or the hospital where the blood specimen is taken, is not |
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liable for damages arising from the taking of the blood specimen |
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pursuant to a search warrant or at the request or order of the peace |
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officer [to take the blood specimen] as provided by this chapter if |
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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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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. |