81R2152 GCB-D
By: Aycock H.B. No. 1305
A BILL TO BE ENTITLED
AN ACT
relating to civil liability of hospitals or persons drawing blood
pursuant to a search warrant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 724.017(b), Transportation Code, is
amended to read as follows:
(b) The person who takes the blood specimen under this
chapter, or the hospital where the blood specimen is taken, is not
liable for damages arising from the taking of the blood specimen
pursuant to a search warrant or at the request or order of the peace
officer [to take the blood specimen] as provided by this chapter if
the blood specimen was taken according to recognized medical
procedures. This subsection does not relieve a person from
liability for negligence in the taking of a blood specimen.
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, 2009.