Aycock to push for hospital protection on DWI blood tests
State Rep. Jimmie Don Aycock (left) and Precinct 1 Commissioner Bill Neve get together to discuss the upcoming Legislature, which convenes in January. Aycock spoke one-on-one with several constituents during his visit to the Herman Brown Free Library Friday.
BURNET — During the upcoming legislative session, Texas lawmakers could get involved in a dispute over blood samples between the Seton Family of Hospitals and local law enforcement officials.
Last month, because of concerns over liability, privacy issues and lawsuits, the hospital group announced it no longer intends to comply with judges’ orders to draw blood from motorists accused of driving while intoxicated.
State Rep. Jimmie Don Aycock, R-Lampasas, said he plans to introduce a bill during the 81st session to protect Seton and other hospitals from liability in cases where a magistrate orders police to transport a suspected drunk driver to a hospital to draw a blood sample.
“I’m not sure we can fix all of these (liability) issues, but we can fix this one,” Aycock told The Daily Tribune Friday.
Current law protects hospitals from liability when they draw blood from victims who are severely injured or killed and can’t give consent, Aycock added.
Law enforcement officials have said hospitals are already legally protected if the blood is drawn under a judge’s order, such as a warrant.
If the new bill passes, it may amend the state transportation code to extend legal protection to hospitals that draw blood from DWI suspects, Aycock said.
Aycock represents Burnet, Bell and Lampasas in District 54. He spoke between talks with constituents in the Herman Brown Free Library near the Courthouse on the Square.
State spending and the national economy will also weigh heavily on the minds of legislators during the upcoming session, Aycock said.
According to some economic analysts, the state budget will have a surplus between $11 and $15 billion.
However, destruction caused by Hurricane Ike along the Gulf Coast (which destroyed the University of Texas Medical School in Galveston), more demand for health and human services, lesser-than-expected collections on the gross margin and sales taxes may deplete the surplus, Aycock added.
“I don’t think we will totally escape the (national economic) downturn,” Aycock said, referring to expectations of a national recession.
Still, Texas will be in better financial shape than California and at least 13 other states during upcoming months, Aycock added.
“You don’t spend every penny you have, and I’m really glad we did not,” Aycock said. “We have new businesses and 1,500 people coming into Texas every day.”
Also during the 81st Legislature, Aycock plans to support the reintroduction of a tax abatement bill that will remove permanently disabled veterans from property tax rolls.
During the 80th Legislature, the veterans’ bill “fell off the calendar” before the session ended, Aycock recalled.
Lawmakers will file perhaps as many as 9,000 bills when they convene this January in the Capitol, Aycock predicted.
To help keep an eye on the volume and potential impact of bills, Aycock plans to utilize the newly developed “Legislative Management System” computer software.
The system matches the topic and progress of different bills to various concerns from constituents submitted to legislators, Aycock said.
“It’s a fairly new system,” Aycock said.
Precinct 1 Commissioner Bill Neve met with Aycock during his visit to the library.
Neve spoke with Aycock regarding “bills that may affect the county,” such as property tax caps, the state Scenic Highway Program and possible mandates on county ambulance services.
Burnet City Manager Mike Steele and Meadowlakes Councilwoman and Marble Falls Library President Camille Sweigart also met with Aycock.
raymond@thepicayune.com
Photo by Raymond V. Whelan