1 | 1 | | 84R4345 AJZ-D |
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2 | 2 | | By: Davis of Harris H.B. No. 1495 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to authorizing the electronic transmission of certain |
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8 | 8 | | communications related to the prevention of communicable diseases. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter A, Chapter 81, Health and Safety |
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11 | 11 | | Code, is amended by adding Section 81.012 to read as follows: |
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12 | 12 | | Sec. 81.012. E-MAIL DELIVERY. Any documents required to be |
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13 | 13 | | delivered in person or sent by registered or certified mail under |
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14 | 14 | | this chapter may be sent by e-mail with a read receipt requested. |
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15 | 15 | | SECTION 2. Sections 81.083(c) and (l), Health and Safety |
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16 | 16 | | Code, are amended to read as follows: |
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17 | 17 | | (c) An order under this section must be in writing and be |
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18 | 18 | | delivered personally, [or] by registered or certified mail, or by |
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19 | 19 | | e-mail with a read receipt requested to the individual or to the |
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20 | 20 | | individual's parent, legal guardian, or managing conservator if the |
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21 | 21 | | individual is a minor. |
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22 | 22 | | (l) An order under Subsection (k) must be in writing and be |
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23 | 23 | | delivered personally, [or] by registered or certified mail, or by |
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24 | 24 | | e-mail with a read receipt requested to each member of the group, |
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25 | 25 | | or the member's parent, legal guardian, or managing conservator if |
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26 | 26 | | the member is a minor. If the name, address, and county of |
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27 | 27 | | residence of any member of the group is unknown at the time the |
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28 | 28 | | order is issued, the department or health authority must publish |
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29 | 29 | | notice in a newspaper of general circulation in the county that |
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30 | 30 | | includes the area of the suspected exposure and any other county in |
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31 | 31 | | which the department or health authority suspects a member of the |
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32 | 32 | | group resides. The notice must contain the following information: |
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33 | 33 | | (1) that the department or health authority has |
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34 | 34 | | reasonable cause to believe that a group of individuals is ill with, |
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35 | 35 | | has been exposed to, or is the carrier of a communicable disease; |
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36 | 36 | | (2) the suspected time and place of exposure to the |
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37 | 37 | | disease; |
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38 | 38 | | (3) a copy of any orders under Subsection (k); |
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39 | 39 | | (4) instructions to an individual to provide the |
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40 | 40 | | individual's name, address, and county of residence to the |
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41 | 41 | | department or health authority if the individual knows or |
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42 | 42 | | reasonably suspects that the individual was at the place of the |
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43 | 43 | | suspected exposure at the time of the suspected exposure; |
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44 | 44 | | (5) that the department or health authority may |
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45 | 45 | | request that an application for court orders under Subchapter G be |
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46 | 46 | | filed for the group, if applicable; and |
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47 | 47 | | (6) that a criminal penalty applies to an individual |
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48 | 48 | | who: |
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49 | 49 | | (A) is a member of the group; and |
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50 | 50 | | (B) knowingly refuses to perform or allow the |
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51 | 51 | | performance of the control measures in the order. |
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52 | 52 | | SECTION 3. Section 81.084(b), Health and Safety Code, is |
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53 | 53 | | amended to read as follows: |
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54 | 54 | | (b) The department or health authority shall send notice of |
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55 | 55 | | its action by registered or certified mail, [or] by personal |
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56 | 56 | | delivery, or by e-mail with a read receipt requested to the person |
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57 | 57 | | who owns or controls the property. If the property is land or a |
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58 | 58 | | structure or an animal or other property on the land, the department |
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59 | 59 | | or health authority shall also post the notice on the land and at a |
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60 | 60 | | place convenient to the public in the county courthouse. If the |
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61 | 61 | | property is infected or contaminated as a result of a public health |
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62 | 62 | | disaster, the department or health authority is not required to |
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63 | 63 | | provide notice under this subsection. |
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64 | 64 | | SECTION 4. Section 81.155(b), Health and Safety Code, is |
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65 | 65 | | amended to read as follows: |
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66 | 66 | | (b) A copy of the application and the written notice shall |
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67 | 67 | | be delivered in person, [or] sent by certified mail, or sent by |
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68 | 68 | | e-mail with a read receipt requested to: |
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69 | 69 | | (1) the person's parent, if the person is a minor; |
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70 | 70 | | (2) the person's appointed guardian, if the person is |
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71 | 71 | | the subject of a guardianship; or |
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72 | 72 | | (3) each managing and possessory conservator, that has |
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73 | 73 | | been appointed for the person. |
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74 | 74 | | SECTION 5. Subchapter G, Chapter 81, Health and Safety |
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75 | 75 | | Code, is amended by adding Section 81.213 to read as follows: |
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76 | 76 | | Sec. 81.213. DIGITAL OR FAXED SIGNATURE. For the purposes |
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77 | 77 | | of this subchapter, a digital signature, as defined by Section |
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78 | 78 | | 166.002, or a faxed signature shall have the same force and effect |
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79 | 79 | | as the use of a manual signature. |
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80 | 80 | | SECTION 6. This Act takes effect September 1, 2015. |
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