85R3963 AAF-D By: Metcalf H.B. No. 1816 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) "Pharmacy" has the meaning assigned by Section 551.003, Occupations Code. (5) "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 or pharmacy 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: (1) law enforcement officials in the disaster area can provide adequate security to protect the prescription drugs and other medical supplies from theft; (2) the weight of the transport vehicle will not jeopardize the structural integrity of any highway, street, or bridge located in the disaster area; and (3) 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: (1) establish procedures to assist medical supply distributors in accessing highways, streets, and bridges as authorized by Subsection (a); and (2) provide medical supply distributors with documentation specifying the distributors' access to highways, streets, and bridges as authorized by Subsection (a). 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.