Texas 2015 - 84th Regular

Texas Senate Bill SB538 Compare Versions

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Version 2 (New)

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1	1		By: Schwertner, et al. S.B. No. 538
2		-	(In the Senate - Filed February 10, 2015; February 18, 2015,
3		-	read first time and referred to Committee on Health and Human
4		-	Services; March 23, 2015, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 8, Nays 1;
6		-	March 23, 2015, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 538 By: Schwertner
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the control of infectious diseases.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Chapter 418, Government Code, is amended by
16	9		adding Subchapter B-1 to read as follows:
17	10		SUBCHAPTER B-1. STATE OF INFECTIOUS DISEASE EMERGENCY
18	11		Sec. 418.031. DECLARATION OF STATE OF INFECTIOUS DISEASE
19	12		EMERGENCY. (a) The governor by executive order or proclamation
20	13		may declare a state of infectious disease emergency if the
21	14		governor, in consultation with the commissioner of state health
22	15		services and the division, finds that an infectious disease poses a
23	16		serious and imminent risk to the health and safety of the citizens
24	17		of this state. An infectious disease poses a serious and imminent
25	18		risk under this subsection if the commissioner determines that:
26	19		(1) the disease has resulted or is likely to result in
27	20		severe or life-threatening illness or death for those infected with
28		-	the disease; or
	21	+	the disease; and
29	22		(2) the disease is not contained by current public
30	23		health and medical interventions and is resulting in a high rate of
31	24		morbidity or mortality.
32	25		(b) An executive order or proclamation issued under this
33	26		section must include the name of the infectious disease and a
34	27		description of the threat to public health and safety.
35	28		(c) An executive order or proclamation shall be
36	29		disseminated promptly by means intended to bring its contents to
37	30		the attention of the general public. An order or proclamation
38	31		shall be filed promptly with the division and the secretary of
39	32		state.
40	33		Sec. 418.032. DURATION OF STATE OF EMERGENCY. (a) Except
41	34		as provided by this section, a state of emergency under this
42	35		subchapter expires 30 days after the date the executive order or
43	36		proclamation declaring the state of infectious disease emergency is
44	37		issued.
45	38		(b) The governor may set a shorter period for the infectious
46	39		disease state of emergency if the governor, in consultation with
47	40		the commissioner of state health services and the division,
48	41		determines that a shorter period is adequate and appropriate for
49	42		the control of the infectious disease.
50	43		(c) The governor may, by executive order or proclamation,
51	44		terminate the state of infectious disease emergency if the
52	45		governor, in consultation with the commissioner of state health
53	46		services and the division, finds that there is no longer a serious
54	47		and imminent risk to the health and safety of the citizens of this
55	48		state.
56	49		(d) The governor may, by executive order or proclamation,
57	50		declare successive states of emergency, each not exceeding 30 days,
58	51		if the governor, in consultation with the commissioner of state
59	52		health services and the division, finds that the extension of the
60	53		infectious disease state of emergency is necessary to protect the
61	54		health and safety of the citizens of this state.
62	55		Sec. 418.033. EFFECT OF DECLARATION. (a) An executive
63	56		order or proclamation declaring a state of infectious disease
64	57		emergency gives the commissioner of state health services authority
65	58		for all state and local public health policy decisions, procedures,
66	59		and disease control measures necessary to contain the infectious
67	60		disease emergency. The commissioner shall communicate with and
68	61		consider input from local health authorities.
69	62		(b) The division shall issue specific statewide
70	63		preparedness guidelines and procedures for local health and
71	64		emergency management authorities in the case of a state of
72	65		infectious disease emergency.
73	66		Sec. 418.034. RULES. The executive commissioner of the
74	67		Health and Human Services Commission or the public safety director
75	68		of the department may adopt rules necessary for carrying out the
76	69		purposes of this subchapter.
77	70		SECTION 2. Section 81.008, Health and Safety Code, is
78	71		amended to read as follows:
79	72		Sec. 81.008. COMMUNICABLE DISEASE IN ANIMALS; EXCHANGE OF
80	73		INFORMATION. (a) If the department or a local health authority
81	74		has reasonable cause to believe that an animal has been infected
82	75		with, has been exposed to, or is the carrier of a communicable
83	76		disease, the department, local health authority, or Texas Animal
84	77		Health Commission may obtain a sample of the animal's blood or other
85	78		bodily fluid to perform a test for an infectious disease without:
86	79		(1) the permission of the animal's owner; or
87	80		(2) a control order under Section 81.084.
88	81		(b) The Texas Animal Health Commission and the Texas A&M
89	82		[University] Veterinary Medical Diagnostic Laboratory shall each
90	83		adopt by rule a memorandum of understanding with the department to
91	84		exchange information on communicable diseases in animals.
92	85		SECTION 3. Section 81.046, Health and Safety Code, is
93	86		amended by amending Subsection (b) and adding Subsection (f-1) to
94	87		read as follows:
95	88		(b) Reports, records, and information relating to cases or
96	89		suspected cases of diseases or health conditions are not public
97	90		information under Chapter 552, Government Code, and may not be
98	91		released or made public on subpoena or otherwise except as provided
99	92		by Subsections (c), (d), [and] (f), and (f-1).
100	93		(f-1) The department may release to a first responder, as
101	94		defined by Section 421.095, Government Code, or a local health
102	95		authority a person's name and the address of the person's current
103	96		location if:
104	97		(1) the department reasonably believes that the person
105	98		is infected with, has been exposed to, or is the carrier of a
106	99		communicable disease; and
107	100		(2) the communicable disease poses a serious health
108	101		risk to first responders that do not wear the appropriate personal
109	102		protective equipment.
110	103		SECTION 4. Section 81.083, Health and Safety Code, is
111	104		amended by amending Subsections (a), (b), and (e) and adding
112	105		Subsection (d-1) to read as follows:
113	106		(a) Any person, including a physician, who examines or
114	107		treats an individual who has a communicable disease, or the
115	108		department or a local health authority, shall instruct the
116	109		individual about:
117	110		(1) measures for preventing reinfection and spread of
118	111		the disease; and
119	112		(2) the necessity for treatment until the individual
120	113		is cured or free from the infection.
121	114		(b) If the department or a health authority has reasonable
122	115		cause to believe that an individual is infected [ill] with, has been
123	116		exposed to, or is the carrier of a communicable disease, the
124	117		department or health authority may order the individual, or the
125	118		individual's parent, legal guardian, or managing conservator if the
126	119		individual is a minor, to implement control measures that are
127	120		reasonable and necessary to prevent the introduction,
128	121		transmission, and spread of the disease in this state. The order
129	122		may require the individual to remain in a health care facility or
130	123		other location, including the individual's home.
131	124		(d-1) A peace officer, including a sheriff or constable, may
132	125		use reasonable force to:
133	126		(1) secure an individual subject to an order issued
134	127		under Subsection (b); and
135	128		(2) except as directed by the department or the health
136	129		authority, prevent the individual from leaving the facility or
137	130		other location designated in the order.
138	131		(e) An individual may be subject to emergency detention
139	132		under Section 81.0891 or court orders under Subchapter G if the
140	133		individual is infected with, has been exposed to, or is the carrier
141	134		of or is reasonably suspected of being infected with, having been
142	135		exposed to, or being the carrier of a communicable disease that
143	136		presents an immediate threat to the public health and:
144	137		(1) the individual, or the individual's parent, legal
145	138		guardian, or managing conservator if the individual is a minor,
146	139		does not comply with the written orders of the department or a
147	140		health authority under this section; or
148	141		(2) a public health disaster exists, regardless of
149	142		whether the department or health authority has issued a written
150	143		order and the individual has indicated that the individual will not
151	144		voluntarily comply with control measures.
152	145		SECTION 5. Section 81.084(j), Health and Safety Code, is
153	146		amended to read as follows:
154	147		(j) In this section, "property" means:
155	148		(1) an object;
156	149		(2) a parcel of land; [or]
157	150		(3) an animal; or
158	151		(4) a structure[, animal,] or other property on a
159	152		parcel of land.
160	153		SECTION 6. Sections 81.086(b), (c), and (i), Health and
161	154		Safety Code, are amended to read as follows:
162	155		(b) If the department or health authority has reasonable
163	156		cause to believe that a carrier or conveyance has departed from or
164	157		traveled through an area infected or contaminated with a
165	158		communicable disease or that an individual transported by the
166	159		carrier or conveyance is infected with, has been exposed to, or is
167	160		the carrier of a communicable disease, the department or health
168	161		authority may order the owner, operator, or authorized agent in
169	162		control of the carrier or conveyance to:
170	163		(1) stop the carrier or conveyance at a port of entry
171	164		or place of first landing or first arrival in this state; and
172	165		(2) provide information on passengers and cargo
173	166		manifests that includes the details of:
174	167		(A) any illness suspected of being communicable
175	168		that occurred during the journey;
176	169		(B) any condition on board the carrier or
177	170		conveyance during the journey that may lead to the spread of
178	171		disease; and
179	172		(C) any control measures imposed on the carrier
180	173		or conveyance, its passengers or crew, or its cargo or any other
181	174		object on board during the journey.
182	175		(c) The department or health authority may impose necessary
183	176		technically feasible control measures under Section 81.083 or
184	177		81.084 to prevent the introduction and spread of communicable
185	178		disease in this state if the department or health authority, after
186	179		inspection, has reasonable cause to believe that a carrier or
187	180		conveyance:
188	181		(1) [that] has departed from or traveled through an
189	182		infected or contaminated area and:
190	183		(A) [(1)] is or may be infected or contaminated
191	184		with a communicable disease; or
192	185		(B) [(2)] has cargo or an object on board that is
193	186		or may be infected or contaminated with a communicable disease; or
194	187		(2) [(3)] has an individual on board who is infected
195	188		with, has been exposed to, or is the carrier of[,] a communicable
196	189		disease.
197	190		(i) The department or health authority may require an
198	191		individual transported by carrier or conveyance who the department
199	192		or health authority has reasonable cause to believe is infected
200	193		with, has been exposed to, or is the carrier of a communicable
201	194		disease to be isolated from other travelers and to disembark with
202	195		the individual's personal effects and baggage at the first location
203	196		equipped with adequate investigative and disease control
204	197		facilities, whether the person is in transit through this state or
205	198		to an intermediate or ultimate destination in this state. The
206	199		department or health authority may investigate and, if necessary,
207	200		isolate or involuntarily hospitalize the individual until the
208	201		department or health authority approves the discharge as authorized
209	202		by Section 81.083.
210	203		SECTION 7. Subchapter E, Chapter 81, Health and Safety
211	204		Code, is amended by adding Sections 81.0891, 81.0892, 81.0893,
212	205		81.0894, and 81.0895 to read as follows:
213	206		Sec. 81.0891. EMERGENCY DETENTION OF INDIVIDUAL SUBJECT TO
214	207		CONTROL ORDER. (a) A peace officer, without a warrant, may take an
215	208		individual into custody if the officer has reason to believe and
216	209		does believe that:
217	210		(1) the individual is subject to a written control
218	211		order under Section 81.083 issued in response to a communicable
219	212		disease that the commissioner of state health services has
220	213		determined poses a serious and imminent risk to health and safety
221	214		because the disease:
222	215		(A) has resulted or is likely to result in severe
223	216		or life-threatening illness or death for those infected with the
224		-	disease; or
	217	+	disease; and
225	218		(B) is not contained by current public health and
226	219		medical interventions and is resulting in a high rate of morbidity
227	220		or mortality;
228	221		(2) the individual, or the individual's parent, legal
229	222		guardian, or managing conservator if the individual is a minor, is
230	223		not complying with or does not intend to comply with the control
231	224		order; and
232	225		(3) there is a substantial risk of serious harm to
233	226		others unless the individual is immediately detained.
234	227		(b) A substantial risk of serious harm to others under
235	228		Subsection (a)(3) may be demonstrated by:
236	229		(1) a violation of a control order issued in response
237	230		to a communicable disease described by Subsection (a)(1) by the
238	231		individual or, if the individual is a minor, the individual's
239	232		parent, legal guardian, or managing conservator;
240	233		(2) evidence of signs or symptoms of illness
241	234		consistent with the signs or symptoms of a communicable disease
242	235		described by Subsection (a)(1), to the extent that the person
243	236		cannot remain at liberty; or
244	237		(3) information provided to the peace officer by the
245	238		local health authority that issued the control order or the
246	239		department.
247	240		(c) The peace officer may form the belief that the
248	241		individual may be subject to emergency detention under this
249	242		section:
250	243		(1) on information and belief from the local health
251	244		authority that issued the control order or the department; or
252	245		(2) on the basis of the condition of the individual or
253	246		the circumstances under which the individual is found.
254	247		(d) A peace officer who takes an individual into custody
255	248		under Subsection (a) shall immediately transport or, if the
256	249		individual's suspected illness may pose a serious health risk to
257	250		the peace officer, arrange for transportation of the individual to:
258	251		(1) the nearest appropriate health facility, as
259	252		determined by the department; or
260	253		(2) a location considered suitable by the department
261	254		or local health authority, including the individual's home.
262	255		(e) In determining whether a health facility or location is
263	256		appropriate for detention of a particular individual under
264	257		Subsection (d), the department or local health authority shall, to
265	258		the extent possible while still protecting the public health,
266	259		attempt to keep family units together.
267	260		(f) In determining whether a health facility is appropriate
268	261		for the detention of a person under Subsection (d)(1), the
269	262		department shall consider the facility's capacity and resources and
270	263		whether the facility is designated as a facility for containment
271	264		and treatment of communicable diseases.
272	265		(g) A peace officer who takes an individual into custody
273	266		under Subsection (a) shall immediately inform the individual orally
274	267		in simple, nontechnical terms:
275	268		(1) of the reason for the detention;
276	269		(2) of the individual's rights under Section 81.0895;
277	270		and
278	271		(3) that a staff member of the health facility, or the
279	272		department or local health authority if the individual is detained
280	273		at a location under Subsection (d)(2), will inform the individual
281	274		of the individual's rights under Section 81.0895 not later than 24
282	275		hours after the time the individual is admitted to the facility or
283	276		detained at the other location, as applicable.
284	277		Sec. 81.0892. PEACE OFFICER'S NOTIFICATION OF DETENTION.
285	278		(a) A peace officer shall immediately file with a health facility,
286	279		or the local health authority or the department if the individual is
287	280		detained at a location under Section 81.0891(d)(2), a notification
288	281		of detention after transporting an individual to that facility or
289	282		location under Section 81.0891.
290	283		(b) The notification of detention must contain:
291	284		(1) a statement that the officer has reason to believe
292	285		and does believe that:
293	286		(A) the individual is the subject of a
294	287		communicable disease control order under Section 81.083 in response
295	288		to a communicable disease described by Section 81.0891(a)(1);
296	289		(B) the individual, or the individual's parent,
297	290		legal guardian, or managing conservator if the individual is a
298	291		minor, is not complying with or does not intend to comply with the
299	292		control order;
300	293		(C) the individual evidences a substantial risk
301	294		of serious harm to others; and
302	295		(D) the risk of harm is imminent unless the
303	296		person is immediately detained;
304	297		(2) a statement that the officer's beliefs are based on
305	298		specific recent behavior, overt acts, attempts, statements, or
306	299		threats that were observed by or reliably reported to the officer;
307	300		and
308	301		(3) a detailed description of the specific behavior,
309	302		overt acts, attempts, statements, or threats and, if applicable,
310	303		the name of the person who reported or observed the behavior, acts,
311	304		attempts, statements, or threats.
312	305		(c) If the individual is detained at a health facility under
313	306		Section 81.0891(d)(1), the facility in which the individual is
314	307		detained shall include in the detained individual's file the
315	308		notification of detention described by this section.
316	309		(d) The peace officer shall give the notification of
317	310		detention on the following form:
318	311		Notification--Communicable Disease Emergency Detention
319	312		NO. ____________________
320	313		DATE:_______________TIME:_______________
321	314		THE STATE OF TEXAS
322	315		FOR THE BEST INTEREST AND PROTECTION OF:
323	316		______________________________________
324	317		NOTIFICATION OF COMMUNICABLE DISEASE EMERGENCY DETENTION
325	318		Now comes _____________________________, a peace officer with
326	319		(name of agency) _____________________________, of the State of
327	320		Texas, and states as follows:
328	321		1. I have reason to believe and do believe that (name of individual
329	322		to be detained) __________________________ is the subject of a
330	323		control order under Section 81.083, Health and Safety Code, issued
331	324		in response to a communicable disease determined by the
332	325		commissioner of state health services to pose a serious and
333	326		imminent risk to health and safety.
334	327		2. I have reason to believe and do believe that the above-named
335	328		individual (or, if applicable, the minor individual's parent, legal
336	329		guardian, or managing conservator) is not complying with or does
337	330		not intend to comply with the control order based on the following:
338	331		________________________________________________________________
339	332		________________________________________________________________
340	333		________________________________________________________________
341	334		________________________________________________________________
342	335		3. I have reason to believe and do believe that the above-named
343	336		individual evidences a substantial risk of serious harm to others
344	337		based on the following:
345	338		________________________________________________________________
346	339		________________________________________________________________
347	340		________________________________________________________________
348	341		________________________________________________________________
349	342		4. I have reason to believe and do believe that the risk of harm is
350	343		imminent unless the above-named individual is immediately
351	344		detained.
352	345		5. My beliefs are based on the following recent behavior, overt
353	346		acts, attempts, statements, or threats observed by me or reliably
354	347		reported to me:
355	348		________________________________________________________________
356	349		________________________________________________________________
357	350		________________________________________________________________
358	351		________________________________________________________________
359	352		6. The names and addresses of those persons who reported or
360	353		observed recent behavior, overt acts, attempts, statements, or
361	354		threats of the above-named person are (if applicable):
362	355		________________________________________________________________
363	356		________________________________________________________________
364	357		________________________________________________________________
365	358		________________________________________________________________
366	359		For the above reasons, I present this notification to (name of
367	360		health facility or local health authority or department)
368	361		_________________________ for the detention of (name of individual
369	362		to be detained) __________________________.
370	363		7. Was the individual restrained in any way? Yes □ No □
371	364		_________________________BADGE NO. _____________________
372	365		PEACE OFFICER'S SIGNATURE
373	366		Address: _________________________ Zip Code: ____________________
374	367		Telephone: ______________________
375	368		(e) A health facility, local health authority, or the
376	369		department may not require a peace officer to execute any form other
377	370		than the form provided by Subsection (d) as a condition of accepting
378	371		for temporary admission an individual detained under Section
379	372		81.0891.
380	373		Sec. 81.0893. ACCEPTANCE OF PERSON. A health facility
381	374		shall temporarily accept an individual for whom a peace officer
382	375		files a notification of detention under Section 81.0892(a).
383	376		Sec. 81.0894. RELEASE FROM DETENTION. (a) An individual
384	377		detained under Section 81.0891 may be detained in custody for not
385	378		longer than 48 hours after the time the individual is presented to
386	379		the health facility or location unless a written order for further
387	380		custody or detention is obtained under Subchapter G.
388	381		(b) If the 48-hour period ends on a Saturday, Sunday, legal
389	382		holiday, or before 4 p.m. on the first succeeding business day, the
390	383		individual may be detained until 4 p.m. on the first succeeding
391	384		business day. If the 48-hour period ends at a different time, the
392	385		individual may be detained only until 4 p.m. on the day the 48-hour
393	386		period ends.
394	387		(c) If extremely hazardous weather conditions exist or a
395	388		disaster occurs, the presiding judge or magistrate may, by written
396	389		order made each day, extend by an additional 24 hours the period
397	390		during which the individual may be detained. The written order must
398	391		declare that an emergency exists because of the weather or the
399	392		occurrence of a disaster.
400	393		Sec. 81.0895. RIGHTS OF INDIVIDUALS DETAINED. (a) An
401	394		individual subject to emergency detention under Section 81.0891 has
402	395		the right:
403	396		(1) to be advised of the location of detention, the
404	397		reasons for the detention, and the fact that the detention could
405	398		result in a longer period of court-ordered management;
406	399		(2) to a reasonable opportunity to communicate with
407	400		and retain an attorney;
408	401		(3) to be released from a health facility as provided
409	402		by Section 81.0894;
410	403		(4) to be advised that communications with a health
411	404		professional, local health authority, or the department may be used
412	405		in proceedings for further detention; and
413	406		(5) to a reasonable opportunity to communicate with a
414	407		relative or other responsible person who has a proper interest in
415	408		the individual's welfare.
416	409		(b) An individual detained under Section 81.0891 must:
417	410		(1) immediately be informed, orally in simple,
418	411		nontechnical terms, of the individual's rights under this section
419	412		by the peace officer at the time the peace officer takes the
420	413		individual into custody under Section 81.0891; and
421	414		(2) not later than 24 hours after the time the
422	415		individual is admitted to a health facility or detained in another
423	416		location, as applicable, be informed of the rights provided by this
424	417		section and this subchapter:
425	418		(A) orally in simple, nontechnical terms and in
426	419		writing in the person's primary language, if possible; or
427	420		(B) through the use of a means reasonably
428	421		calculated to communicate with a hearing or visually impaired
429	422		individual, if applicable.
430	423		(c) The executive commissioner of the Health and Human
431	424		Services Commission by rule shall prescribe the manner in which the
432	425		individual is informed of the individual's rights under this
433	426		subchapter.
434	427		SECTION 8. The heading to Subchapter G, Chapter 81, Health
435	428		and Safety Code, is amended to read as follows:
436	429		SUBCHAPTER G. COURT ORDERS FOR MANAGEMENT OF PERSONS WHO ARE
437	430		INFECTED WITH, EXPOSED TO, OR CARRIERS OF COMMUNICABLE DISEASES
438	431		SECTION 9. Section 81.151(e), Health and Safety Code, is
439	432		amended to read as follows:
440	433		(e) A single application may be filed for a group if:
441	434		(1) the department or health authority reasonably
442	435		suspects that a group of five or more persons are infected with,
443	436		have been [has been] exposed to, or are carriers of [infected with]
444	437		a communicable disease; and
445	438		(2) each person in the group meets the criteria of this
446	439		chapter for court orders for the management of a person who is
447	440		infected with, has been exposed to, or is a carrier of a
448	441		communicable disease.
449	442		SECTION 10. Section 81.1511, Health and Safety Code, is
450	443		amended to read as follows:
451	444		Sec. 81.1511. APPLICABILITY OF SUBCHAPTER TO GROUP. To the
452	445		extent possible, and except as otherwise provided, if a group
453	446		application is filed under Section 81.151(e), the provisions of
454	447		this subchapter apply to the group in the same manner as they apply
455	448		to an individual, except that:
456	449		(1) except as provided by Subdivision (2), any
457	450		statement or determination regarding the condition [conduct] or
458	451		status of a person must be made in regard to the majority of the
459	452		members of the group;
460	453		(2) any finding or statement related to compliance
461	454		with orders under Section 81.083 must be made for the entire group;
462	455		(3) any notice required to be provided to a person
463	456		must:
464	457		(A) in addition to being sent to each individual
465	458		in the group for whom the department or health authority has an
466	459		address, be published in a newspaper of general circulation in the
467	460		county that includes the area of the suspected contamination and
468	461		any other county in which the department or health authority
469	462		suspects a member of the group resides;
470	463		(B) state that the group is appointed an attorney
471	464		but that a member of the group is entitled to the member's own
472	465		attorney on request; and
473	466		(C) include instructions for any person who
474	467		reasonably suspects that the person was at the place of the
475	468		suspected exposure at the time of the suspected exposure to provide
476	469		the person's name, address, and county of residence to the
477	470		department or health authority; and
478	471		(4) an affidavit of medical evaluation for the group
479	472		may be based on evaluation of one or more members of the group if the
480	473		physician reasonably believes that the condition of the individual
481	474		or individuals represents the condition of the majority of the
482	475		members of the group.
483	476		SECTION 11. Section 81.152, Health and Safety Code, is
484	477		amended to read as follows:
485	478		Sec. 81.152. FORM OF APPLICATION. (a) An application for
486	479		a court order for the management of a person who is infected with,
487	480		has been exposed to, or is a carrier of a communicable disease must
488	481		be styled using the person's initials and not the person's full
489	482		name.
490	483		(b) The application must state whether the application is
491	484		for temporary or extended management of a person who is infected
492	485		with, has been exposed to, or is a carrier of a communicable
493	486		disease.
494	487		(c) Any application must contain the following information
495	488		according to the applicant's information and belief:
496	489		(1) the person's name and address;
497	490		(2) the person's county of residence in this state;
498	491		(3) a statement that the person is infected with, has
499	492		been exposed to, or is the carrier of or is reasonably suspected of
500	493		being infected with, having been exposed to, or being the carrier of
501	494		a communicable disease that presents a threat to public health and
502	495		that the person meets the criteria of this chapter for court orders
503	496		for the management of a person with a communicable disease; and
504	497		(4) a statement, to be included only in an application
505	498		for inpatient treatment, that the person fails or refuses to comply
506	499		with written orders of the department or health authority under
507	500		Section 81.083, if applicable.
508	501		(d) A group application must contain the following
509	502		information according to the applicant's information and belief:
510	503		(1) a description of the group and the location where
511	504		the members of the group may be found;
512	505		(2) a narrative of how the members of the group have
513	506		become infected with, were [has been] exposed to, or became
514	507		carriers of the communicable disease [infected];
515	508		(3) an estimate of how many persons are included in the
516	509		group;
517	510		(4) to the extent known, a list containing the name,
518	511		address, and county of residence in this state of each member of the
519	512		group;
520	513		(5) if the applicant is unable to obtain the name and
521	514		address of each member of the group:
522	515		(A) a statement that the applicant has sought
523	516		each of the unknown names and addresses; and
524	517		(B) the reason that the names and addresses are
525	518		unavailable; and
526	519		(6) a statement, to be included only in an application
527	520		for inpatient treatment, that the members of the group fail or
528	521		refuse to comply with written orders of the department or health
529	522		authority under Section 81.083, if applicable.
530	523		SECTION 12. Section 81.153(a), Health and Safety Code, is
531	524		amended to read as follows:
532	525		(a) The judge shall appoint an attorney to represent a
533	526		person not later than the 24th hour after the time an application
534	527		for a court order for the management of a person who is infected
535	528		with, has been exposed to, or is the carrier of a communicable
536	529		disease is filed if the person does not have an attorney. The judge
537	530		shall also appoint a language or sign interpreter if necessary to
538	531		ensure effective communication with the attorney in the person's
539	532		primary language.
540	533		SECTION 13. Section 81.158(a), Health and Safety Code, is
541	534		amended to read as follows:
542	535		(a) An affidavit of medical evaluation must be dated and
543	536		signed by the commissioner or the commissioner's designee, or by a
544	537		health authority with the concurrence of the commissioner or the
545	538		commissioner's designee. The certificate must include:
546	539		(1) the name and address of the examining physician,
547	540		if applicable;
548	541		(2) the name and address of the person examined or to
549	542		be examined;
550	543		(3) the date and place of the examination, if
551	544		applicable;
552	545		(4) a brief diagnosis of the examined person's
553	546		physical and mental condition, if applicable;
554	547		(5) the period, if any, during which the examined
555	548		person has been under the care of the examining physician;
556	549		(6) an accurate description of the health treatment,
557	550		if any, given by or administered under the direction of the
558	551		examining physician; and
559	552		(7) the opinion of the health authority or department
560	553		and the reason for that opinion, including laboratory reports,
561	554		that:
562	555		(A) the examined person is infected with, has
563	556		been exposed to, or is the carrier of or is reasonably suspected of
564	557		being infected with, having been exposed to, or being the carrier of
565	558		a communicable disease that presents a threat to public health; and
566	559		(B) as a result of that communicable disease the
567	560		examined person:
568	561		(i) is likely to cause serious harm to self
569	562		[himself]; or
570	563		(ii) will, if not examined, observed, or
571	564		treated, continue to endanger public health.
572	565		SECTION 14. Section 81.159(a), Health and Safety Code, is
573	566		amended to read as follows:
574	567		(a) The commissioner shall designate health care facilities
575	568		throughout the state that are capable of providing services for the
576	569		examination, observation, isolation, or treatment of persons
577	570		having or suspected of being infected with, having been exposed to,
578	571		or being a carrier of [having] a communicable disease. However, the
579	572		commissioner may not designate:
580	573		(1) a nursing home or custodial care home required to
581	574		be licensed under Chapter 242; or
582	575		(2) an intermediate care facility for persons with an
583	576		intellectual or developmental disability [the mentally retarded]
584	577		required to be licensed under Chapter 252.
585	578		SECTION 15. Sections 81.161(a) and (c), Health and Safety
586	579		Code, are amended to read as follows:
587	580		(a) A motion for an order of protective custody may be filed
588	581		only in the court in which an application for a court order for the
589	582		management of a person who is infected with, has been exposed to, or
590	583		is the carrier of a communicable disease is pending.
591	584		(c) The motion must state that:
592	585		(1) the department or health authority has reason to
593	586		believe and does believe that the person meets the criteria
594	587		authorizing the court to order protective custody; and
595	588		(2) the belief is derived from:
596	589		(A) the representations of a credible person;
597	590		(B) the condition [conduct] of the person who is
598	591		the subject of the motion; or
599	592		(C) the circumstances under which the person is
600	593		found.
601	594		SECTION 16. Sections 81.162(a) and (f), Health and Safety
602	595		Code, are amended to read as follows:
603	596		(a) The judge or designated magistrate may issue a
604	597		protective custody order if the judge or magistrate determines:
605	598		(1) that the health authority or department has stated
606	599		its opinion and the detailed basis for its opinion that the person
607	600		is infected with, has been exposed to, or is the carrier of or is
608	601		reasonably suspected of being infected with, having been exposed
609	602		to, or being the carrier of a communicable disease that presents an
610	603		immediate threat to the public health; and
611	604		(2) that the person fails or refuses to comply with the
612	605		written orders of the health authority or the department under
613	606		Section 81.083, if applicable.
614	607		(f) Notwithstanding Section 81.161 or Subsection (c), a
615	608		judge or magistrate may issue a temporary protective custody order
616	609		before the filing of an application for a court order for the
617	610		management of a person who is infected with, has been exposed to, or
618	611		is a carrier of a communicable disease under Section 81.151 if:
619	612		(1) the judge or magistrate takes testimony that an
620	613		application under Section 81.151, together with a motion for
621	614		protective custody under Section 81.161, will be filed with the
622	615		court on the next business day; and
623	616		(2) the judge or magistrate determines based on
624	617		evidence taken under Subsection (d) that there is probable cause to
625	618		believe that the person presents a substantial risk of serious harm
626	619		to self [himself] or others to the extent that the person cannot be
627	620		at liberty pending the filing of the application and motion.
628	621		SECTION 17. Section 81.165(a), Health and Safety Code, is
629	622		amended to read as follows:
630	623		(a) A hearing must be held to determine if:
631	624		(1) there is probable cause to believe that a person
632	625		under a protective custody order presents a substantial risk of
633	626		serious harm to the person [himself] or others to the extent that
634	627		the person cannot be at liberty pending the hearing on a court order
635	628		for the management of a person with a communicable disease; and
636	629		(2) the health authority or department has stated its
637	630		opinion and the detailed basis for its opinion that the person is
638	631		infected with, has been exposed to, or is the carrier of or is
639	632		reasonably suspected of being infected with, having been exposed
640	633		to, or being the carrier of a communicable disease that presents an
641	634		immediate threat to public health.
642	635		SECTION 18. Section 81.166(d), Health and Safety Code, is
643	636		amended to read as follows:
644	637		(d) The notification of probable cause hearing shall read as
645	638		follows:
646	639		(Style of Case)
647	640		NOTIFICATION OF PROBABLE CAUSE HEARING
648	641		On this the _____ day of _________________, 20__ [19__], the
649	642		undersigned hearing officer heard evidence concerning the need for
650	643		protective custody of ___________ (hereinafter referred to as
651	644		proposed patient). The proposed patient was given the opportunity
652	645		to challenge the allegations that the proposed patient [(s)he]
653	646		presents a substantial risk of serious harm to self or others.
654	647		The proposed patient and the proposed patient's [his or her]
655	648		attorney _________________________ have been given written notice
656	649		that the proposed patient was placed under an order of protective
657	650		custody and the reasons for such order on ___________ (date of
658	651		notice).
659	652		I have examined the affidavit of medical evaluation and
660	653		________________ (other evidence considered). Based on this
661	654		evidence, I find that there is probable cause to believe that the
662	655		proposed patient presents a substantial risk of serious harm to
663	656		self [himself or herself] (yes ____ or no ____) or others (yes ____
664	657		or no ____) such that the proposed patient [(s)he] cannot be at
665	658		liberty pending final hearing because the proposed patient [(s)he]
666	659		is infected with, has been exposed to, or is the carrier of or is
667	660		reasonably suspected of being infected with, having been exposed
668	661		to, or being the carrier of a communicable disease that presents an
669	662		immediate threat to the public health and the proposed patient
670	663		[(s)he] has failed or refused to comply with the orders of the
671	664		health authority or the Texas Department of Health delivered on
672	665		__________ (date of service) ____________.
673	666		SECTION 19. Section 81.167(a), Health and Safety Code, is
674	667		amended to read as follows:
675	668		(a) The head of a facility or the facility head's designee
676	669		shall detain a person under a protective custody order in the
677	670		facility pending a court order for the management of a person who is
678	671		infected with, has been exposed to, or is a carrier of a
679	672		communicable disease or until the person is released or discharged
680	673		under Section 81.168.
681	674		SECTION 20. Section 81.168(c), Health and Safety Code, is
682	675		amended to read as follows:
683	676		(c) The head of a facility shall discharge a person held
684	677		under a protective custody order if:
685	678		(1) the head of the facility does not receive notice
686	679		within 72 hours after detention begins, excluding Saturdays,
687	680		Sundays, legal holidays, the period prescribed by Section 81.165(b)
688	681		for an extreme weather emergency, and the duration of a public
689	682		health disaster, that a probable cause hearing was held and the
690	683		person's continued detention was authorized;
691	684		(2) a final court order for the management of a person
692	685		who is infected with, has been exposed to, or is a carrier of a
693	686		communicable disease has not been entered within the time
694	687		prescribed by Section 81.154; or
695	688		(3) the health authority or commissioner determines
696	689		that the person no longer meets the criteria for protective custody
697	690		prescribed by Section 81.162.
698	691		SECTION 21. Section 81.169(a), Health and Safety Code, is
699	692		amended to read as follows:
700	693		(a) Except as provided by Subsection (b), the judge may hold
701	694		a hearing on an application for a court order for the management of
702	695		a person who is infected with, has been exposed to, or is a carrier
703	696		of a communicable disease at any suitable location in the county.
704	697		The hearing should be held in a physical setting that is not likely
705	698		to have a harmful effect on the public or the person.
706	699		SECTION 22. Section 81.170(f), Health and Safety Code, is
707	700		amended to read as follows:
708	701		(f) The jury shall determine if the person is infected with,
709	702		has been exposed to, or is the carrier of or is reasonably suspected
710	703		of being infected with, having been exposed to, or being the carrier
711	704		of a communicable disease that presents a threat to the public
712	705		health and, if the application is for inpatient treatment, has
713	706		refused or failed to follow the orders of the health authority. The
714	707		jury may not make a finding about the type of services to be
715	708		provided to the person.
716	709		SECTION 23. Section 81.171(a), Health and Safety Code, is
717	710		amended to read as follows:
718	711		(a) The court shall enter an order denying an application
719	712		for a court order for temporary or extended management if after a
720	713		hearing the judge or jury fails to find, from clear and convincing
721	714		evidence, that the person:
722	715		(1) is infected with, has been exposed to, or is the
723	716		carrier of or is reasonably suspected of being infected with,
724	717		having been exposed to, or being the carrier of a communicable
725	718		disease that presents a threat to the public health;
726	719		(2) has refused or failed to follow the orders of the
727	720		health authority if the application is for inpatient treatment; and
728	721		(3) meets the applicable criteria for orders for the
729	722		management of a person who is infected with, has been exposed to, or
730	723		is a carrier of a communicable disease.
731	724		SECTION 24. Section 81.172(a), Health and Safety Code, is
732	725		amended to read as follows:
733	726		(a) The judge or jury may determine that a person requires
734	727		court-ordered examination, observation, isolation, or treatment
735	728		only if the judge or jury finds, from clear and convincing evidence,
736	729		that:
737	730		(1) the person is infected with, has been exposed to,
738	731		or is the carrier of or is reasonably suspected of being infected
739	732		with, having been exposed to, or being the carrier of a communicable
740	733		disease that presents a threat to the public health and, if the
741	734		application is for inpatient treatment, has failed or refused to
742	735		follow the orders of the health authority or department; and
743	736		(2) as a result of the communicable disease the
744	737		person:
745	738		(A) is likely to cause serious harm to self
746	739		[himself]; or
747	740		(B) will, if not examined, observed, isolated, or
748	741		treated, continue to endanger public health.
749	742		SECTION 25. Section 81.174(a), Health and Safety Code, is
750	743		amended to read as follows:
751	744		(a) The judge shall dismiss the jury, if any, after a
752	745		hearing in which a person is found:
753	746		(1) to be infected with, to have been exposed to, or to
754	747		be the carrier of or to be reasonably suspected of being infected
755	748		with, having been exposed to, or being a carrier of a communicable
756	749		disease;
757	750		(2) to have failed or refused to follow the orders of a
758	751		health authority or the department if the application is for
759	752		inpatient treatment; and
760	753		(3) to meet the criteria for orders for the management
761	754		of a patient who is infected with, has been exposed to, or is a
762	755		carrier of a communicable disease.
763	756		SECTION 26. Section 81.176, Health and Safety Code, is
764	757		amended to read as follows:
765	758		Sec. 81.176. DESIGNATION OF FACILITY. In a court order for
766	759		the temporary or extended management of a person who is infected
767	760		with, has been exposed to, or is a carrier of a communicable disease
768	761		specifying inpatient care, the court shall commit the person to a
769	762		health care facility designated by the commissioner or a health
770	763		authority in accordance with Section 81.159.
771	764		SECTION 27. Section 81.183(b), Health and Safety Code, is
772	765		amended to read as follows:
773	766		(b) The court shall appoint an attorney to represent the
774	767		person if a hearing is scheduled. The person shall be given notice
775	768		of the matters to be considered at the hearing. The notice must
776	769		comply with the requirements of Section 81.155 for notice before a
777	770		hearing on an application for court orders for the management of a
778	771		person who is infected with, has been exposed to, or is a carrier of
779	772		a communicable disease.
780	773		SECTION 28. Section 81.186(a), Health and Safety Code, is
781	774		amended to read as follows:
782	775		(a) The court may modify an order for outpatient services at
783	776		the modification hearing if the court determines that the person
784	777		continues to meet the applicable criteria for court orders for the
785	778		management of a person who is infected with, has been exposed to, or
786	779		is a carrier of a communicable disease and that:
787	780		(1) the person has not complied with the court's order;
788	781		or
789	782		(2) the person's condition has deteriorated to the
790	783		extent that outpatient services are no longer appropriate.
791	784		SECTION 29. Section 81.188(a), Health and Safety Code, is
792	785		amended to read as follows:
793	786		(a) The court may set aside an order for the management of a
794	787		person who is infected with, has been exposed to, or is a carrier of
795	788		a communicable disease and grant a motion for rehearing for good
796	789		cause shown.
797	790		SECTION 30. Section 81.190(d), Health and Safety Code, is
798	791		amended to read as follows:
799	792		(d) The hearing is held before the court and without a jury.
800	793		The hearing must be held in accordance with the requirements for a
801	794		hearing on an application for a court order for the management of a
802	795		person who is infected with, has been exposed to, or is a carrier of
803	796		a communicable disease.
804	797		SECTION 31. Section 81.191(a), Health and Safety Code, is
805	798		amended to read as follows:
806	799		(a) An appeal from an order for the management of a person
807	800		who is infected with, has been exposed to, or is a carrier of a
808	801		communicable disease, or from a renewal or modification of an
809	802		order, must be filed in the court of appeals for the county in which
810	803		the order is entered.
811	804		SECTION 32. Section 81.193(a), Health and Safety Code, is
812	805		amended to read as follows:
813	806		(a) The head of a facility may permit a person admitted to
814	807		the facility under order for extended inpatient management of a
815	808		person who is infected with, has been exposed to, or is a carrier of
816	809		a communicable disease to leave the facility under a pass.
817	810		SECTION 33. Chapter 81, Health and Safety Code, is amended
818	811		by adding Subchapters J and K to read as follows:
819	812		SUBCHAPTER J. TASK FORCE ON INFECTIOUS DISEASE PREPAREDNESS AND
820	813		RESPONSE
821	814		Sec. 81.401. DEFINITION. In this subchapter, "task force"
822	815		means the Task Force on Infectious Disease Preparedness and
823	816		Response.
824	817		Sec. 81.402. PURPOSE AND FINDINGS. The legislature finds
825	818		that:
826	819		(1) infectious diseases are responsible for more
827	820		deaths worldwide than any other single cause;
828	821		(2) the State of Texas has a responsibility to
829	822		safeguard and protect the health and well-being of its citizens
830	823		from the spread of infectious diseases;
831	824		(3) on September 30, 2014, the first case of Ebola
832	825		diagnosed in the United States occurred in Dallas, Texas;
833	826		(4) addressing infectious diseases requires the
834	827		coordination and cooperation of multiple governmental entities at
835	828		the local, state, and federal levels;
836	829		(5) public health and medical preparedness and
837	830		response guidelines are crucial to protect the safety and welfare
838	831		of our citizens; and
839	832		(6) Texas has nationally recognized infectious
840	833		disease experts and other highly trained professionals across the
841	834		state with the experience needed to minimize any potential risk to
842	835		the people of Texas.
843	836		Sec. 81.403. TASK FORCE; DUTIES. (a) The Task Force on
844	837		Infectious Disease Preparedness and Response is created as an
845	838		advisory panel to the governor.
846	839		(b) The task force shall:
847	840		(1) provide expert, evidence-based assessments,
848	841		protocols, and recommendations related to state responses to
849	842		infectious diseases, including Ebola; and
850	843		(2) serve as a reliable and transparent source of
851	844		information and education for Texas leadership and citizens.
852	845		Sec. 81.404. APPOINTMENT OF MEMBERS; TERMS. (a) The
853	846		governor may appoint members of the task force as necessary,
854	847		including members from relevant state agencies, members with
855	848		expertise in infectious diseases and other issues involved in the
856	849		prevention of the spread of infectious diseases, and members from
857	850		institutions of higher education in this state. The governor shall
858	851		appoint to the task force:
859	852		(1) at least one member who is a representative of a
860	853		local health authority serving a rural area; and
861	854		(2) at least one member who is a representative of a
862	855		local health authority serving an urban area.
863	856		(b) The governor shall appoint a director of the task force
864	857		from among the members of the task force.
865	858		(c) The governor may fill any vacancy that occurs on the
866	859		task force and may appoint additional members as needed.
867	860		(d) Members of the task force serve at the pleasure of the
868	861		governor.
869	862		(e) A state or local employee appointed to the task force
870	863		shall perform any duties required by the task force in addition to
871	864		the regular duties of the employee.
872	865		Sec. 81.405. REPORTS. The task force may make written
873	866		reports on its findings and recommendations, including legislative
874	867		recommendations, to the governor and legislature.
875	868		Sec. 81.406. MEETINGS. (a) The task force shall meet at
876	869		times and locations as determined by the director of the task force.
877	870		(b) The task force may meet telephonically.
878	871		(c) The task force may hold public hearings to gather
879	872		information. The task force shall endeavor to meet in various parts
880	873		of the state to encourage local input.
881	874		(d) The task force may meet in executive session to discuss
882	875		matters that are confidential by state or federal law or to ensure
883	876		public security or law enforcement needs.
884	877		Sec. 81.407. ADMINISTRATIVE SUPPORT. State agencies with
885	878		members on the task force shall provide administrative support for
886	879		the task force.
887	880		Sec. 81.408. REIMBURSEMENT. Task force members serve
888	881		without compensation and are not entitled to reimbursement for
889	882		travel expenses.
890	883		SUBCHAPTER K. STATEWIDE INFECTIOUS DISEASE CONTROL MEASURES;
891	884		PREPARATION
892	885		Sec. 81.451. PERSONAL PROTECTIVE EQUIPMENT. (a) In this
893	886		section, "personal protective equipment" means specialized
894	887		clothing or equipment worn for protection against infectious
895	888		materials.
896	889		(b) The department shall establish a stockpile, or regional
897	890		stockpiles, of personal protective equipment to support responses
898	891		to infectious disease emergencies in the state, if funds are
899	892		appropriated for the purposes of this section.
900	893		Sec. 81.452. MOBILE APPLICATION. The department may
901	894		contract to establish a mobile application for wireless
902	895		communications devices that might be used by health officials and
903	896		health care providers to monitor the spread of an infectious
904	897		disease in real time.
905	898		Sec. 81.453. PORTABLE MEDICAL WASTE TREATMENT. The
906	899		department, the Texas Department of Transportation, and the Texas
907	900		Commission on Environmental Quality shall:
908	901		(1) evaluate portable treatment options for medical
909	902		waste to render pathogens in that waste noninfectious; and
910	903		(2) develop procedures to rapidly deploy the portable
911	904		treatment options through vendor contracts or state purchase.
912	905		SECTION 34. Subchapter B, Chapter 716, Health and Safety
913	906		Code, is amended by adding Section 716.055 to read as follows:
914	907		Sec. 716.055. EXCEPTION: DEPARTMENT OF STATE HEALTH
915	908		SERVICES AUTHORIZATION. (a) A crematory establishment may
916	909		cremate the deceased person's human remains without receipt of a
917	910		cremation authorization form signed by the authorizing agent if the
918	911		Department of State Health Services certifies that:
919	912		(1) the deceased person was infected with, was exposed
920	913		to, or was a carrier of a communicable disease that presents a
921	914		threat to public health; and
922	915		(2) burial of the body would pose a public health risk.
923	916		(b) The Texas Funeral Service Commission may adopt rules
924	917		necessary to implement this section.
925	918		SECTION 35. The heading to Section 716.204, Health and
926	919		Safety Code, is amended to read as follows:
927	920		Sec. 716.204. IMMUNITY FROM CRIMINAL AND CIVIL LIABILITY[;
928	921		WRITTEN DIRECTIONS].
929	922		SECTION 36. Section 716.204, Health and Safety Code, is
930	923		amended by adding Subsection (c) to read as follows:
931	924		(c) If Section 716.055(a) applies, a cemetery organization,
932	925		a business operating a crematory or columbarium, a funeral
933	926		director, an embalmer, or a funeral establishment is not criminally
934	927		liable or liable in a civil action for cremating the human remains
935	928		of a deceased person.
936	929		SECTION 37. The Department of State Health Services, the
937	930		Texas Animal Health Commission, the Texas A&M Veterinary Medical
938	931		Diagnostic Laboratory, and the Texas A&M College of Veterinary
939	932		Medicine and Biomedical Sciences shall:
940	933		(1) review documents published or updated by the
941	934		federal Centers for Disease Control and Prevention and the United
942	935		States Department of Agriculture providing guidance on infection
943	936		control measures, including quarantine, for pets and livestock
944	937		animals exposed to infectious diseases;
945	938		(2) incorporate the recommendations of the federal
946	939		Centers for Disease Control and Prevention and the United States
947	940		Department of Agriculture in developing and revising guidelines for
948	941		this state to use in preventing the spread of infectious disease
949	942		through pets and livestock;
950	943		(3) evaluate the current facilities and capabilities
951	944		of this state to implement the guidelines adopted under Subdivision
952	945		(2) of this section, including an evaluation of the sufficiency and
953	946		capacity of available quarantine facilities;
954	947		(4) solicit public feedback in developing any
955	948		recommendations for legislative, administrative, or executive
956	949		action to address perceived problems; and
957	950		(5) submit a report on any findings, evaluations, and
958	951		recommendations to the governor and the legislature not later than
959	952		December 1, 2016.
960	953		SECTION 38. (a) Not later than December 1, 2015, the
961	954		Department of State Health Services shall submit a report to the
962	955		legislature regarding the preparedness of this state for containing
963	956		an infectious disease outbreak.
964	957		(b) The report under this section must include:
965	958		(1) any progress that the department has made on
966	959		implementing recommendations of the Task Force on Infectious
967	960		Disease Preparedness and Response;
968	961		(2) recommendations for statutory changes that are
969	962		necessary to enable the department to implement the recommendations
970	963		of the Task Force on Infectious Disease Preparedness and Response;
971	964		(3) a cost analysis for the implementation of any
972	965		recommendations of the Task Force on Infectious Disease
973	966		Preparedness and Response that the department determines are not
974	967		possible to implement using existing resources;
975	968		(4) an evaluation of portable medical waste treatment
976	969		options under Section 81.453, Health and Safety Code, as added by
977	970		this Act, proposed procedures for deploying the portable treatment
978	971		options, any projected costs for those treatments, and any
979	972		legislative recommendations necessary to implement any proposed
980	973		portable medical waste treatment solutions; and
981	974		(5) any recommendations for legislation or other
982	975		measures that would assist the department in preparing for an
983	976		infectious disease outbreak.
984	977		(c) The Department of State Health Services shall
985	978		coordinate with other state agencies as necessary to complete the
986	979		report under this section. The report must specify if the
987	980		department determines that a recommendation be implemented by
988	981		another state agency.
989	982		SECTION 39. (a) On the effective date of this Act, a member
990	983		serving on the Task Force on Infectious Disease Preparedness and
991	984		Response created by executive order of the governor continues to
992	985		serve on the Task Force on Infectious Disease Preparedness and
993	986		Response under Subchapter J, Chapter 81, Health and Safety Code, as
994	987		added by this Act.
995	988		(b) As soon as practicable after the effective date of this
996	989		Act, the governor shall make any appointments to the Task Force on
997	990		Infectious Disease Preparedness and Response required under
998	991		Subchapter J, Chapter 81, Health and Safety Code, as added by this
999	992		Act.
1000	993		SECTION 40. This Act takes effect immediately if it
1001	994		receives a vote of two-thirds of all the members elected to each
1002	995		house, as provided by Section 39, Article III, Texas Constitution.
1003	996		If this Act does not receive the vote necessary for immediate
1004	997		effect, this Act takes effect September 1, 2015.
1005		-	* * * * *