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BILL ANALYSIS

 

 

 

C.S.H.B. 567

By: Smith

Transportation

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, in Transportation Code provisions relating to the rules of the road, an "authorized emergency vehicle" includes public and private ambulances operated by a licensed person.  However, emergency services providers are increasingly using vehicles that are not ambulances for first response to medical emergencies, particularly when a regular ambulance is not immediately available or when additional emergency personnel are necessary. Since these vehicles are not included within the statutory definition of an "authorized emergency vehicle," they must comply with certain traffic laws and parking restrictions when responding to an emergency call and cannot operate with certain emergency lighting and sound equipment.

 

C.S.H.B. 567 seeks to address this issue by including these emergency medical services vehicles that are not ambulances in the definition of "authorized emergency vehicle."

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 567 amends Transportation Code provisions relating to the rules of the road to redefine "authorized emergency vehicle" by including in the definition an emergency medical services vehicle authorized under an emergency medical services provider license issued by the Department of State Health Services under the Emergency Health Care Act and operating under a contract with an emergency services district that requires the emergency medical services provider to respond to emergency calls with the vehicle.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 567 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Section 541.201(1), Transportation Code, is amended to read as follows:

(1)  "Authorized emergency vehicle" means:

(A)  a fire department or police vehicle;

(B)  a public or private ambulance operated by a person who has been issued a license by the [Texas] Department of State Health Services;

(C)  an emergency medical services vehicle authorized under an emergency medical services provider license issued by the Department of State Health Services under Chapter 773, Health and Safety Code;

 

 

 

 

(D)  a municipal department or public service corporation emergency vehicle that has been designated or authorized by the governing body of a municipality;

(E) [(D)]  a private vehicle of a volunteer firefighter or a certified emergency medical services employee or volunteer when responding to a fire alarm or medical emergency;

(F) [(E)]  an industrial emergency response vehicle, including an industrial ambulance, when responding to an emergency, but only if the vehicle is operated in compliance with criteria in effect September 1, 1989, and established by the predecessor of the Texas Industrial Emergency Services Board of the State Firemen's and Fire Marshals' Association of Texas;

(G) [(F)]  a vehicle of a blood bank or tissue bank, accredited or approved under the laws of this state or the United States, when making emergency deliveries of blood, drugs, medicines, or organs; or

(H) [(G)]  a vehicle used for law enforcement purposes that is owned or leased by a federal governmental entity.

 

SECTION 1.  Section 541.201(1), Transportation Code, is amended to read as follows:

(1)  "Authorized emergency vehicle" means:

(A)  a fire department or police vehicle;

(B)  a public or private ambulance operated by a person who has been issued a license by the [Texas] Department of State Health Services;

(C)  an emergency medical services vehicle:

(i)  authorized under an emergency medical services provider license issued by the Department of State Health Services under Chapter 773, Health and Safety Code; and

(ii)  operating under a contract with an emergency services district that requires the emergency medical services provider to respond to emergency calls with the vehicle;

(D)  a municipal department or public service corporation emergency vehicle that has been designated or authorized by the governing body of a municipality;

(E) [(D)]  a private vehicle of a volunteer firefighter or a certified emergency medical services employee or volunteer when responding to a fire alarm or medical emergency;

(F) [(E)]  an industrial emergency response vehicle, including an industrial ambulance, when responding to an emergency, but only if the vehicle is operated in compliance with criteria in effect September 1, 1989, and established by the predecessor of the Texas Industrial Emergency Services Board of the State Firemen's and Fire Marshals' Association of Texas;

(G) [(F)]  a vehicle of a blood bank or tissue bank, accredited or approved under the laws of this state or the United States, when making emergency deliveries of blood, drugs, medicines, or organs; or

(H) [(G)]  a vehicle used for law enforcement purposes that is owned or leased by a federal governmental entity.

 

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, 2013.

 

SECTION 2. Same as introduced version.