85R3963 AAF-D
 
  By: Metcalf H.B. No. 1816
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation of medical supply transport vehicles
  during a declared state of disaster.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 546, Transportation Code, is amended by
  adding Subchapter C to read as follows:
  SUBCHAPTER C. OPERATION OF MEDICAL SUPPLY TRANSPORT VEHICLES 
         Sec. 546.051.  DEFINITIONS. In this subchapter:
               (1)  "Emergency care facility" means a health care
  facility, including a freestanding emergency medical care
  facility, hospital, temporary emergency clinic, and trauma
  facility, that provides emergency medical care.
               (2)  "Freestanding emergency medical care facility"
  means a facility licensed under Chapter 254, Health and Safety
  Code.
               (3)  "Medical supply distributor" means a person
  authorized to transport prescription drugs and other medical
  supplies to emergency care facilities or pharmacies.
               (4)  "Pharmacy" has the meaning assigned by Section
  551.003, Occupations Code.
               (5)  "Trauma facility" has the meaning assigned by
  Section 773.003, Health and Safety Code.
         Sec. 546.052.  MEDICAL SUPPLY TRANSPORT VEHICLES DURING
  DECLARED DISASTER. (a) A vehicle used by a medical supply
  distributor to transport prescription drugs and other medical
  supplies to an emergency care facility or pharmacy located in an
  area declared a disaster area by the governor under Chapter 418,
  Government Code, may have access to highways, streets, and bridges
  as if the transport vehicle were an emergency vehicle if:
               (1)  law enforcement officials in the disaster area can
  provide adequate security to protect the prescription drugs and
  other medical supplies from theft;
               (2)  the weight of the transport vehicle will not
  jeopardize the structural integrity of any highway, street, or
  bridge located in the disaster area; and
               (3)  the transport vehicle will not negatively impact
  evacuation activities or any response or recovery activities in the
  disaster area.
         (b)  The Texas Division of Emergency Management shall:
               (1)  establish procedures to assist medical supply
  distributors in accessing highways, streets, and bridges as
  authorized by Subsection (a); and
               (2)  provide medical supply distributors with
  documentation specifying the distributors' access to highways,
  streets, and bridges as authorized by Subsection (a).
         SECTION 2.  Not later than September 1, 2018, the Texas
  Division of Emergency Management shall establish the procedures
  required by Section 546.052(b), Transportation Code, as added by
  this Act.
         SECTION 3.  This Act takes effect September 1, 2017.