New bill, in response to KXAN report, would require safety barriers at Texas ERs

AUSTIN (KXAN) -- A new billed filed in direct response to a KXAN investigation, would require security barriers, called bollards, at Texas emergency room entrances.

On Thursday, State Sen. Royce West, D-Dallas, filed Senate Bill 660 just ahead of the next legislative session. It would require crash-rated bollards, or another similar safety barrier, at existing and future emergency rooms that are "located near an area with a vehicular traffic."

The goal: "to prevent a motor vehicle from crashing into an emergency room." It's a direct response to a KXAN investigation into the Feb. 13 deadly crash at St. David's North Austin Medical Center, which killed the driver and injured five, including the Bernard family.

In October, West promised to look into a bollard measure in response to our reporting.

"We re-emphasize to the Bernard family: What happened to you is a tragedy and it shouldn't happen again in the state of Texas," West said at the time. "And I'm going to do everything I can in my power to make sure it doesn't happen again."

'Responsible, proactive measures'

In the 10 months following that crash, KXAN found more than 400 crashes at medical facilities nationwide in the past decade. In recent days and weeks, there have been crashes at medical centers in Fort Worth, California, Maryland, North Carolina, Ohio, Rhode Island, South Carolina and Tennessee. We also visited the Texas A&M Transportation Institute near College Station to see, firsthand, how crash-rated bollards can stop a speeding vehicle.

"The Bernard family is so grateful that responsible, proactive measures are being taken like this ... to prevent these predictable accidents and save others from the destruction the Bernard's are suffering," the family's attorney, Sean Breen, said in a statement in response to West's bill.

The statewide measure comes four days before a new Austin ordinance, also sparked by a KXAN investigation, is set to take effect. That will require crash-rated bollards at new hospitals, urgent care clinics and stand-alone ER's. Existing facilities will be required to take the same safety steps if they expand in the future.

Levi Bernard, who was injured in the crash along with his wife, Nadia, and their two toddlers, previously told KXAN in a series of exclusive interviews that it's "unfortunate that bollards weren't there when this happened to us."

"We're just super glad that our story is being used as a sort of catalyst," he said.

“To how things should be,” Nadia added. “And that no one else will have to go through what we’re going through.”

'We will work with policymakers to ensure compliance'

Their story is now the center of a $1 million lawsuit against St. David's NAMC for not having bollards -- which their attorney argues could have stopped the car from speeding through the ER entrance. After the incident, and following our questions, the hospital installed a dozen. It has now installed bollards at "all of our hospitals."

"St. David's HealthCare installed bollards at all of our hospitals prior to the Austin City Council approving the ordinance," the hospital group said in a statement, "and we will work with policymakers to ensure compliance with any new legal or regulatory requirement."

When pressed, St. David's would not say whether any of the bollards it installed are crash-rated.

"Due to the ongoing litigation surrounding this issue, we will not provide any additional information," the hospital responded.

If the bill gets a hearing, there will likely be a familiar face at the Capitol. West's office has reached Austin City Council Member Mackenzie Kelly, whose term is ending, to testify on this topic, KXAN learned. Kelly introduced Austin's bollard ordinance after watching KXAN's investigation.

If passed, the Health and Human Services Commission would be tasked with adopting rules to implement the bill by Dec. 1, 2025. Hospitals would be required to comply on Jan. 1, 2026.

West and other state lawmakers begin the next legislative session in less than a month.