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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