81R2304 GCB-D
By: Riddle H.B. No. 509
A BILL TO BE ENTITLED
AN ACT
relating to the persons authorized to draw a blood specimen from a
vehicle operator to test for alcohol concentration or other
intoxicating substances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 724.017, Transportation Code, is amended
to read as follows:
Sec. 724.017. TAKING OF BLOOD SPECIMEN. (a) Only the
following [a physician, qualified technician, chemist, registered
professional nurse, or licensed vocational nurse] may take a blood
specimen at the request or order of a peace officer under this
chapter:
(1) a physician;
(2) a qualified technician;
(3) a registered professional nurse;
(4) a licensed vocational nurse; or
(5) a licensed or certified emergency medical
technician-intermediate or emergency medical
technician-paramedic.
(b) A [The] blood specimen must be taken according to
recognized medical procedures [in a sanitary place].
[(b)] The person who takes a [the] blood specimen under this
chapter, or a [the] hospital where a [the] blood specimen is taken,
is not liable for damages arising from 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.
[(c) In this section, "qualified technician" does not include
emergency medical services personnel.]
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.