| 1 | 1 | | By: Creighton S.B. No. 908 |
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| 2 | 2 | | (In the Senate - Filed February 15, 2017; February 28, 2017, |
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| 3 | 3 | | read first time and referred to Committee on Natural Resources & |
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| 4 | 4 | | Economic Development; May 3, 2017, reported adversely, with |
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| 5 | 5 | | favorable Committee Substitute by the following vote: Yeas 11, |
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| 6 | 6 | | Nays 0; May 3, 2017, sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR S.B. No. 908 By: Zaffirini |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | A BILL TO BE ENTITLED |
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| 12 | 12 | | AN ACT |
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| 13 | 13 | | relating to the operation of medical supply transport vehicles |
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| 14 | 14 | | during a declared state of disaster. |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 16 | | SECTION 1. Chapter 546, Transportation Code, is amended by |
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| 17 | 17 | | adding Subchapter C to read as follows: |
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| 18 | 18 | | SUBCHAPTER C. OPERATION OF MEDICAL SUPPLY TRANSPORT VEHICLES |
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| 19 | 19 | | Sec. 546.051. DEFINITIONS. In this subchapter: |
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| 20 | 20 | | (1) "Emergency care facility" means a health care |
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| 21 | 21 | | facility, including a freestanding emergency medical care |
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| 22 | 22 | | facility, hospital, temporary emergency clinic, and trauma |
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| 23 | 23 | | facility, that provides emergency medical care. |
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| 24 | 24 | | (2) "Freestanding emergency medical care facility" |
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| 25 | 25 | | means a facility licensed under Chapter 254, Health and Safety |
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| 26 | 26 | | Code. |
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| 27 | 27 | | (3) "Medical supply distributor" means a person |
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| 28 | 28 | | authorized to transport prescription drugs and other medical |
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| 29 | 29 | | supplies to emergency care facilities or pharmacies. |
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| 30 | 30 | | (4) "Nursing home" means a facility licensed under |
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| 31 | 31 | | Chapter 242, Health and Safety Code. |
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| 32 | 32 | | (5) "Pharmacy" has the meaning assigned by Section |
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| 33 | 33 | | 551.003, Occupations Code. |
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| 34 | 34 | | (6) "Trauma facility" has the meaning assigned by |
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| 35 | 35 | | Section 773.003, Health and Safety Code. |
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| 36 | 36 | | Sec. 546.052. MEDICAL SUPPLY TRANSPORT VEHICLES DURING |
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| 37 | 37 | | DECLARED DISASTER. (a) A vehicle used by a medical supply |
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| 38 | 38 | | distributor to transport prescription drugs and other medical |
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| 39 | 39 | | supplies to an emergency care facility, pharmacy, or nursing home |
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| 40 | 40 | | located in an area declared a disaster area by the governor under |
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| 41 | 41 | | Chapter 418, Government Code, may have access to highways, streets, |
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| 42 | 42 | | and bridges as if the transport vehicle were an emergency vehicle if |
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| 43 | 43 | | the transport vehicle will not negatively impact evacuation |
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| 44 | 44 | | activities or any response or recovery activities in the disaster |
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| 45 | 45 | | area. |
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| 46 | 46 | | (b) The Texas Division of Emergency Management shall |
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| 47 | 47 | | establish procedures to assist medical supply distributors in |
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| 48 | 48 | | accessing highways, streets, and bridges as authorized by |
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| 49 | 49 | | Subsection (a). |
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| 50 | 50 | | (c) This section does not create a cause of action against a |
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| 51 | 51 | | law enforcement officer involved in assisting a medical supply |
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| 52 | 52 | | distributor under this section for any harm done to the distributor |
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| 53 | 53 | | resulting from that assistance. |
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| 54 | 54 | | SECTION 2. Not later than September 1, 2018, the Texas |
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| 55 | 55 | | Division of Emergency Management shall establish the procedures |
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| 56 | 56 | | required by Section 546.052(b), Transportation Code, as added by |
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| 57 | 57 | | this Act. |
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| 58 | 58 | | SECTION 3. This Act takes effect September 1, 2017. |
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| 59 | 59 | | * * * * * |
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