Texas 2013 - 83rd Regular

Texas House Bill HB1690 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Fletcher (Senate Sponsor - Nelson) H.B. No. 1690
2	2	(In the Senate - Received from the House April 29, 2013;
3	3	April 29, 2013, read first time and referred to Committee on Health
4	4	and Human Services; May 13, 2013, reported favorably by the
5	5	following vote: Yeas 8, Nays 0; May 13, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to measures to prevent or control the entry into or spread
11	11	in this state of certain communicable diseases; providing a
12	12	penalty.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 81.003, Health and Safety Code, is
15	15	amended by adding Subdivision (4-a) to read as follows:
16	16	(4-a) "Peace officer" has the meaning assigned by
17	17	Article 2.12, Code of Criminal Procedure. The term includes a
18	18	sheriff or constable.
19	19	SECTION 2. Section 81.083, Health and Safety Code, is
20	20	amended by adding Subsection (m) to read as follows:
21	21	(m) A peace officer, including a sheriff or constable, may
22	22	use reasonable force to:
23	23	(1) secure the members of a group subject to an order
24	24	issued under Subsection (k); and
25	25	(2) except as directed by the department or health
26	26	authority, prevent the members from leaving the group or other
27	27	individuals from joining the group.
28	28	SECTION 3. Section 81.084, Health and Safety Code, is
29	29	amended by adding Subsection (l) to read as follows:
30	30	(l) A peace officer, including a sheriff or constable, may
31	31	use reasonable force to:
32	32	(1) secure a property subject to a court order issued
33	33	under this section; and
34	34	(2) except as directed by the department or health
35	35	authority, prevent an individual from entering or leaving the
36	36	property subject to the order.
37	37	SECTION 4. Section 81.085, Health and Safety Code, is
38	38	amended by adding Subsection (j) to read as follows:
39	39	(j) A peace officer, including a sheriff or constable, may
40	40	use reasonable force to:
41	41	(1) secure a quarantine area; and
42	42	(2) except as directed by the department or health
43	43	authority, prevent an individual from entering or leaving the
44	44	quarantine area.
45	45	SECTION 5. Section 81.162, Health and Safety Code, is
46	46	amended by adding Subsection (h) to read as follows:
47	47	(h) The judge or magistrate may direct a peace officer,
48	48	including a sheriff or constable, to prevent a person who is the
49	49	subject of a protective custody order from leaving the facility
50	50	designated to detain the person if the court finds that a threat to
51	51	the public health exists because the person may attempt to leave the
52	52	facility.
53	53	SECTION 6. Section 81.163, Health and Safety Code, is
54	54	amended by amending Subsection (a) and adding Subsection (f) to
55	55	read as follows:
56	56	(a) A protective custody order shall direct a peace officer,
57	57	including a sheriff or constable, to take the person who is the
58	58	subject of the order into protective custody and transport the
59	59	person immediately to an appropriate inpatient health facility that
60	60	has been designated by the commissioner as a suitable place.
61	61	(f) A protective custody order issued under Section 81.162
62	62	may direct an emergency medical services provider to provide an
63	63	ambulance and staff to immediately transport the person who is the
64	64	subject of the order to an appropriate inpatient health facility
65	65	designated by the order or other suitable facility. The provider
66	66	may seek reimbursement for the costs of the transport from any
67	67	appropriate source.
68	68	SECTION 7. Section 81.185, Health and Safety Code, is
69	69	amended by amending Subsection (a) and adding Subsection (e) to
70	70	read as follows:
71	71	(a) The order for temporary detention shall direct a peace
72	72	officer, including a sheriff or constable, to take the person into
73	73	custody and immediately transport the person to an appropriate
74	74	inpatient health care facility. The person shall be transported to
75	75	a facility considered suitable by the health authority if an
76	76	appropriate inpatient health care facility is not available.
77	77	(e) The order for temporary detention may direct an
78	78	emergency medical services provider to provide an ambulance and
79	79	staff to immediately transport the person who is the subject of the
80	80	order to an appropriate inpatient health care facility designated
81	81	by the order or other suitable facility. The provider may seek
82	82	reimbursement for the costs of the transport from any appropriate
83	83	source.
84	84	SECTION 8. Section 81.190, Health and Safety Code, is
85	85	amended by adding Subsection (g) to read as follows:
86	86	(g) If the department or health authority advises the court
87	87	that the person must remain in isolation or quarantine and that
88	88	exposure to the judge or the public would jeopardize the health and
89	89	safety of those persons and the public health, the judge may order
90	90	that a person entitled to a hearing may not appear in person and may
91	91	appear only by teleconference or another means that the judge finds
92	92	appropriate to allow the person to speak, to interact with
93	93	witnesses, and to confer with the person's attorney.
94	94	SECTION 9. Subchapter G, Chapter 81, Health and Safety
95	95	Code, is amended by adding Section 81.212 to read as follows:
96	96	Sec. 81.212. EVADING OR RESISTING APPREHENSION OR
97	97	TRANSPORT; CRIMINAL PENALTY. (a) A person who is subject to a
98	98	protective custody order or temporary detention order issued by a
99	99	court under this subchapter commits an offense if the person
100	100	resists or evades apprehension by a sheriff, constable, or other
101	101	peace officer enforcing the order or resists or evades transport to
102	102	an appropriate inpatient health care facility or other suitable
103	103	facility under the order.
104	104	(b) A person commits an offense if the person assists a
105	105	person who is subject to a protective custody order or temporary
106	106	detention order issued by a court under this subchapter in
107	107	resisting or evading apprehension by a sheriff, constable, or other
108	108	peace officer enforcing the order or in resisting or evading
109	109	transport to an appropriate inpatient health care facility or other
110	110	suitable facility under the order.
111	111	(c) An offense under this section is a Class A misdemeanor.
112	112	SECTION 10. The change in law made by this Act applies only
113	113	to an offense committed on or after the effective date of this Act.
114	114	An offense committed before the effective date of this Act is
115	115	governed by the law in effect on the date the offense was committed,
116	116	and the former law is continued in effect for that purpose. For
117	117	purposes of this section, an offense was committed before the
118	118	effective date of this Act if any element of the offense occurred
119	119	before that date.
120	120	SECTION 11. This Act takes effect immediately if it
121	121	receives a vote of two-thirds of all the members elected to each
122	122	house, as provided by Section 39, Article III, Texas Constitution.
123	123	If this Act does not receive the vote necessary for immediate
124	124	effect, this Act takes effect September 1, 2013.
125	125	* * * * *