By: Creighton  S.B. No. 908
         (In the Senate - Filed February 15, 2017; February 28, 2017,
  read first time and referred to Committee on Natural Resources &
  Economic Development; May 3, 2017, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 11,
  Nays 0; May 3, 2017, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 908 By:  Zaffirini
 
 
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)  "Nursing home" means a facility licensed under
  Chapter 242, Health and Safety Code.
               (5)  "Pharmacy" has the meaning assigned by Section
  551.003, Occupations Code.
               (6)  "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, pharmacy, or nursing home
  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
  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
  establish procedures to assist medical supply distributors in
  accessing highways, streets, and bridges as authorized by
  Subsection (a).
         (c)  This section does not create a cause of action against a
  law enforcement officer involved in assisting a medical supply
  distributor under this section for any harm done to the distributor
  resulting from that assistance.
         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.
 
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