Texas Senate Bill SB355

Texas 2015 - 84th Regular

Caption

Relating to control measures for an individual exposed to a communicable disease.

Impact

The implications of SB355 are significant for the state's public health regulations, as it gives health authorities and law enforcement enhanced powers to manage potential public health threats posed by communicable diseases. It modifies existing Health and Safety Code provisions to establish clearer protocols for the examination, observation, isolation, or treatment of suspected individuals. The bill's amendments are designed to facilitate prompt action during public health emergencies, allowing for quicker response times when managing contagious diseases, therefore potentially preventing outbreaks.

Summary

SB355 addresses the management and control measures for individuals exposed to or infected with communicable diseases within the state of Texas. The bill lays out procedures for detaining individuals who are suspected of posing a threat to public health, particularly in circumstances where they refuse to comply with orders from health authorities. This includes the provision for peace officers to detain such individuals without a warrant if there is a belief that they are endangering others due to their health status. The intent is to enhance public health protections and provide a legal framework for necessary interventions during health crises.

Contention

Despite its public health intentions, SB355 has raised concerns regarding civil liberties and individual rights. Critics argue that the expanded powers for detention without a warrant may infringe on personal freedoms and lead to abuse. Activist groups have expressed apprehension about the potential for misuse of these provisions, particularly regarding the definition of what constitutes a 'substantial risk of serious harm' to others. There is also debate about the appropriateness of designating certain facilities for treatment and isolation, as well as the adequacy of legal representation for detained individuals throughout the process.