83R3413 AED-F
By: Fletcher H.B. No. 1690
A BILL TO BE ENTITLED
AN ACT
relating to measures to prevent or control the entry into or spread
in this state of certain communicable diseases; providing a
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81.003, Health and Safety Code, is
amended by adding Subdivision (4-a) to read as follows:
(4-a) "Peace officer" has the meaning assigned by
Article 2.12, Code of Criminal Procedure. The term includes a
sheriff or constable.
SECTION 2. Section 81.083, Health and Safety Code, is
amended by adding Subsection (m) to read as follows:
(m) A peace officer, including a sheriff or constable, may
use reasonable force to:
(1) secure the members of a group subject to an order
issued under Subsection (k); and
(2) except as directed by the department or health
authority, prevent the members from leaving the group or other
individuals from joining the group.
SECTION 3. Section 81.084, Health and Safety Code, is
amended by adding Subsection (l) to read as follows:
(l) A peace officer, including a sheriff or constable, may
use reasonable force to:
(1) secure a property subject to a court order issued
under this section; and
(2) except as directed by the department or health
authority, prevent an individual from entering or leaving the
property subject to the order.
SECTION 4. Section 81.085, Health and Safety Code, is
amended by adding Subsection (j) to read as follows:
(j) A peace officer, including a sheriff or constable, may
use reasonable force to:
(1) secure a quarantine area; and
(2) except as directed by the department or health
authority, prevent an individual from entering or leaving the
quarantine area.
SECTION 5. Section 81.162, Health and Safety Code, is
amended by adding Subsection (h) to read as follows:
(h) The judge or magistrate may direct a peace officer,
including a sheriff or constable, to prevent a person who is the
subject of a protective custody order from leaving the facility
designated to detain the person if the court finds that a threat to
the public health exists because the person may attempt to leave the
facility.
SECTION 6. Section 81.163, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (f) to
read as follows:
(a) A protective custody order shall direct a peace officer,
including a sheriff or constable, to take the person who is the
subject of the order into protective custody and transport the
person immediately to an appropriate inpatient health facility that
has been designated by the commissioner as a suitable place.
(f) A protective custody order issued under Section 81.162
may direct an emergency medical services provider to provide an
ambulance and staff to immediately transport the person who is the
subject of the order to an appropriate inpatient health facility
designated by the order or other suitable facility. The provider
may seek reimbursement for the costs of the transport from any
appropriate source.
SECTION 7. Section 81.185, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (e) to
read as follows:
(a) The order for temporary detention shall direct a peace
officer, including a sheriff or constable, to take the person into
custody and immediately transport the person to an appropriate
inpatient health care facility. The person shall be transported to
a facility considered suitable by the health authority if an
appropriate inpatient health care facility is not available.
(e) The order for temporary detention may direct an
emergency medical services provider to provide an ambulance and
staff to immediately transport the person who is the subject of the
order to an appropriate inpatient health care facility designated
by the order or other suitable facility. The provider may seek
reimbursement for the costs of the transport from any appropriate
source.
SECTION 8. Section 81.190, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) If the department or health authority advises the court
that the person must remain in isolation or quarantine and that
exposure to the judge or the public would jeopardize the health and
safety of those persons and the public health, the judge may order
that a person entitled to a hearing may not appear in person and may
appear only by teleconference or another means that the judge finds
appropriate to allow the person to speak, to interact with
witnesses, and to confer with the person's attorney.
SECTION 9. Subchapter G, Chapter 81, Health and Safety
Code, is amended by adding Section 81.212 to read as follows:
Sec. 81.212. EVADING OR RESISTING APPREHENSION OR
TRANSPORT; CRIMINAL PENALTY. (a) A person who is subject to a
protective custody order or temporary detention order issued by a
court under this subchapter commits an offense if the person
resists or evades apprehension by a sheriff, constable, or other
peace officer enforcing the order or resists or evades transport to
an appropriate inpatient health care facility or other suitable
facility under the order.
(b) A person commits an offense if the person assists a
person who is subject to a protective custody order or temporary
detention order issued by a court under this subchapter in
resisting or evading apprehension by a sheriff, constable, or other
peace officer enforcing the order or in resisting or evading
transport to an appropriate inpatient health care facility or other
suitable facility under the order.
(c) An offense under this section is a Class A misdemeanor.
SECTION 10. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 11. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2013.