By: Schwertner, et al. S.B. No. 538
(In the Senate - Filed February 10, 2015; February 18, 2015,
read first time and referred to Committee on Health and Human
Services; March 23, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 1;
March 23, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 538 By: Schwertner
A BILL TO BE ENTITLED
AN ACT
relating to the control of infectious diseases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 418, Government Code, is amended by
adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. STATE OF INFECTIOUS DISEASE EMERGENCY
Sec. 418.031. DECLARATION OF STATE OF INFECTIOUS DISEASE
EMERGENCY. (a) The governor by executive order or proclamation
may declare a state of infectious disease emergency if the
governor, in consultation with the commissioner of state health
services and the division, finds that an infectious disease poses a
serious and imminent risk to the health and safety of the citizens
of this state. An infectious disease poses a serious and imminent
risk under this subsection if the commissioner determines that:
(1) the disease has resulted or is likely to result in
severe or life-threatening illness or death for those infected with
the disease; or
(2) the disease is not contained by current public
health and medical interventions and is resulting in a high rate of
morbidity or mortality.
(b) An executive order or proclamation issued under this
section must include the name of the infectious disease and a
description of the threat to public health and safety.
(c) An executive order or proclamation shall be
disseminated promptly by means intended to bring its contents to
the attention of the general public. An order or proclamation
shall be filed promptly with the division and the secretary of
state.
Sec. 418.032. DURATION OF STATE OF EMERGENCY. (a) Except
as provided by this section, a state of emergency under this
subchapter expires 30 days after the date the executive order or
proclamation declaring the state of infectious disease emergency is
issued.
(b) The governor may set a shorter period for the infectious
disease state of emergency if the governor, in consultation with
the commissioner of state health services and the division,
determines that a shorter period is adequate and appropriate for
the control of the infectious disease.
(c) The governor may, by executive order or proclamation,
terminate the state of infectious disease emergency if the
governor, in consultation with the commissioner of state health
services and the division, finds that there is no longer a serious
and imminent risk to the health and safety of the citizens of this
state.
(d) The governor may, by executive order or proclamation,
declare successive states of emergency, each not exceeding 30 days,
if the governor, in consultation with the commissioner of state
health services and the division, finds that the extension of the
infectious disease state of emergency is necessary to protect the
health and safety of the citizens of this state.
Sec. 418.033. EFFECT OF DECLARATION. (a) An executive
order or proclamation declaring a state of infectious disease
emergency gives the commissioner of state health services authority
for all state and local public health policy decisions, procedures,
and disease control measures necessary to contain the infectious
disease emergency. The commissioner shall communicate with and
consider input from local health authorities.
(b) The division shall issue specific statewide
preparedness guidelines and procedures for local health and
emergency management authorities in the case of a state of
infectious disease emergency.
Sec. 418.034. RULES. The executive commissioner of the
Health and Human Services Commission or the public safety director
of the department may adopt rules necessary for carrying out the
purposes of this subchapter.
SECTION 2. Section 81.008, Health and Safety Code, is
amended to read as follows:
Sec. 81.008. COMMUNICABLE DISEASE IN ANIMALS; EXCHANGE OF
INFORMATION. (a) If the department or a local health authority
has reasonable cause to believe that an animal has been infected
with, has been exposed to, or is the carrier of a communicable
disease, the department, local health authority, or Texas Animal
Health Commission may obtain a sample of the animal's blood or other
bodily fluid to perform a test for an infectious disease without:
(1) the permission of the animal's owner; or
(2) a control order under Section 81.084.
(b) The Texas Animal Health Commission and the Texas A&M
[University] Veterinary Medical Diagnostic Laboratory shall each
adopt by rule a memorandum of understanding with the department to
exchange information on communicable diseases in animals.
SECTION 3. Section 81.046, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (f-1) to
read as follows:
(b) Reports, records, and information relating to cases or
suspected cases of diseases or health conditions are not public
information under Chapter 552, Government Code, and may not be
released or made public on subpoena or otherwise except as provided
by Subsections (c), (d), [and] (f), and (f-1).
(f-1) The department may release to a first responder, as
defined by Section 421.095, Government Code, or a local health
authority a person's name and the address of the person's current
location if:
(1) the department reasonably believes that the person
is infected with, has been exposed to, or is the carrier of a
communicable disease; and
(2) the communicable disease poses a serious health
risk to first responders that do not wear the appropriate personal
protective equipment.
SECTION 4. Section 81.083, Health and Safety Code, is
amended by amending Subsections (a), (b), and (e) and adding
Subsection (d-1) to read as follows:
(a) Any person, including a physician, who examines or
treats an individual who has a communicable disease, or the
department or a local health authority, shall instruct the
individual about:
(1) measures for preventing reinfection and spread of
the disease; and
(2) the necessity for treatment until the individual
is cured or free from the infection.
(b) If the department or a health authority has reasonable
cause to believe that an individual is infected [ill] with, has been
exposed to, or is the carrier of a communicable disease, the
department or health authority may order the individual, or the
individual's parent, legal guardian, or managing conservator if the
individual is a minor, to implement control measures that are
reasonable and necessary to prevent the introduction,
transmission, and spread of the disease in this state. The order
may require the individual to remain in a health care facility or
other location, including the individual's home.
(d-1) A peace officer, including a sheriff or constable, may
use reasonable force to:
(1) secure an individual subject to an order issued
under Subsection (b); and
(2) except as directed by the department or the health
authority, prevent the individual from leaving the facility or
other location designated in the order.
(e) An individual may be subject to emergency detention
under Section 81.0891 or court orders under Subchapter G if the
individual is infected with, has been exposed to, or is the carrier
of or is reasonably suspected of being infected with, having been
exposed to, or being the carrier of a communicable disease that
presents an immediate threat to the public health and:
(1) the individual, or the individual's parent, legal
guardian, or managing conservator if the individual is a minor,
does not comply with the written orders of the department or a
health authority under this section; or
(2) a public health disaster exists, regardless of
whether the department or health authority has issued a written
order and the individual has indicated that the individual will not
voluntarily comply with control measures.
SECTION 5. Section 81.084(j), Health and Safety Code, is
amended to read as follows:
(j) In this section, "property" means:
(1) an object;
(2) a parcel of land; [or]
(3) an animal; or
(4) a structure[, animal,] or other property on a
parcel of land.
SECTION 6. Sections 81.086(b), (c), and (i), Health and
Safety Code, are amended to read as follows:
(b) If the department or health authority has reasonable
cause to believe that a carrier or conveyance has departed from or
traveled through an area infected or contaminated with a
communicable disease or that an individual transported by the
carrier or conveyance is infected with, has been exposed to, or is
the carrier of a communicable disease, the department or health
authority may order the owner, operator, or authorized agent in
control of the carrier or conveyance to:
(1) stop the carrier or conveyance at a port of entry
or place of first landing or first arrival in this state; and
(2) provide information on passengers and cargo
manifests that includes the details of:
(A) any illness suspected of being communicable
that occurred during the journey;
(B) any condition on board the carrier or
conveyance during the journey that may lead to the spread of
disease; and
(C) any control measures imposed on the carrier
or conveyance, its passengers or crew, or its cargo or any other
object on board during the journey.
(c) The department or health authority may impose necessary
technically feasible control measures under Section 81.083 or
81.084 to prevent the introduction and spread of communicable
disease in this state if the department or health authority, after
inspection, has reasonable cause to believe that a carrier or
conveyance:
(1) [that] has departed from or traveled through an
infected or contaminated area and:
(A) [(1)] is or may be infected or contaminated
with a communicable disease; or
(B) [(2)] has cargo or an object on board that is
or may be infected or contaminated with a communicable disease; or
(2) [(3)] has an individual on board who is infected
with, has been exposed to, or is the carrier of[,] a communicable
disease.
(i) The department or health authority may require an
individual transported by carrier or conveyance who the department
or health authority has reasonable cause to believe is infected
with, has been exposed to, or is the carrier of a communicable
disease to be isolated from other travelers and to disembark with
the individual's personal effects and baggage at the first location
equipped with adequate investigative and disease control
facilities, whether the person is in transit through this state or
to an intermediate or ultimate destination in this state. The
department or health authority may investigate and, if necessary,
isolate or involuntarily hospitalize the individual until the
department or health authority approves the discharge as authorized
by Section 81.083.
SECTION 7. Subchapter E, Chapter 81, Health and Safety
Code, is amended by adding Sections 81.0891, 81.0892, 81.0893,
81.0894, and 81.0895 to read as follows:
Sec. 81.0891. EMERGENCY DETENTION OF INDIVIDUAL SUBJECT TO
CONTROL ORDER. (a) A peace officer, without a warrant, may take an
individual into custody if the officer has reason to believe and
does believe that:
(1) the individual is subject to a written control
order under Section 81.083 issued in response to a communicable
disease that the commissioner of state health services has
determined poses a serious and imminent risk to health and safety
because the disease:
(A) has resulted or is likely to result in severe
or life-threatening illness or death for those infected with the
disease; or
(B) is not contained by current public health and
medical interventions and is resulting in a high rate of morbidity
or mortality;
(2) the individual, or the individual's parent, legal
guardian, or managing conservator if the individual is a minor, is
not complying with or does not intend to comply with the control
order; and
(3) there is a substantial risk of serious harm to
others unless the individual is immediately detained.
(b) A substantial risk of serious harm to others under
Subsection (a)(3) may be demonstrated by:
(1) a violation of a control order issued in response
to a communicable disease described by Subsection (a)(1) by the
individual or, if the individual is a minor, the individual's
parent, legal guardian, or managing conservator;
(2) evidence of signs or symptoms of illness
consistent with the signs or symptoms of a communicable disease
described by Subsection (a)(1), to the extent that the person
cannot remain at liberty; or
(3) information provided to the peace officer by the
local health authority that issued the control order or the
department.
(c) The peace officer may form the belief that the
individual may be subject to emergency detention under this
section:
(1) on information and belief from the local health
authority that issued the control order or the department; or
(2) on the basis of the condition of the individual or
the circumstances under which the individual is found.
(d) A peace officer who takes an individual into custody
under Subsection (a) shall immediately transport or, if the
individual's suspected illness may pose a serious health risk to
the peace officer, arrange for transportation of the individual to:
(1) the nearest appropriate health facility, as
determined by the department; or
(2) a location considered suitable by the department
or local health authority, including the individual's home.
(e) In determining whether a health facility or location is
appropriate for detention of a particular individual under
Subsection (d), the department or local health authority shall, to
the extent possible while still protecting the public health,
attempt to keep family units together.
(f) In determining whether a health facility is appropriate
for the detention of a person under Subsection (d)(1), the
department shall consider the facility's capacity and resources and
whether the facility is designated as a facility for containment
and treatment of communicable diseases.
(g) A peace officer who takes an individual into custody
under Subsection (a) shall immediately inform the individual orally
in simple, nontechnical terms:
(1) of the reason for the detention;
(2) of the individual's rights under Section 81.0895;
and
(3) that a staff member of the health facility, or the
department or local health authority if the individual is detained
at a location under Subsection (d)(2), will inform the individual
of the individual's rights under Section 81.0895 not later than 24
hours after the time the individual is admitted to the facility or
detained at the other location, as applicable.
Sec. 81.0892. PEACE OFFICER'S NOTIFICATION OF DETENTION.
(a) A peace officer shall immediately file with a health facility,
or the local health authority or the department if the individual is
detained at a location under Section 81.0891(d)(2), a notification
of detention after transporting an individual to that facility or
location under Section 81.0891.
(b) The notification of detention must contain:
(1) a statement that the officer has reason to believe
and does believe that:
(A) the individual is the subject of a
communicable disease control order under Section 81.083 in response
to a communicable disease described by Section 81.0891(a)(1);
(B) the individual, or the individual's parent,
legal guardian, or managing conservator if the individual is a
minor, is not complying with or does not intend to comply with the
control order;
(C) the individual evidences a substantial risk
of serious harm to others; and
(D) the risk of harm is imminent unless the
person is immediately detained;
(2) a statement that the officer's beliefs are based on
specific recent behavior, overt acts, attempts, statements, or
threats that were observed by or reliably reported to the officer;
and
(3) a detailed description of the specific behavior,
overt acts, attempts, statements, or threats and, if applicable,
the name of the person who reported or observed the behavior, acts,
attempts, statements, or threats.
(c) If the individual is detained at a health facility under
Section 81.0891(d)(1), the facility in which the individual is
detained shall include in the detained individual's file the
notification of detention described by this section.
(d) The peace officer shall give the notification of
detention on the following form:
Notification--Communicable Disease Emergency Detention
NO. ____________________
DATE:_______________TIME:_______________
THE STATE OF TEXAS
FOR THE BEST INTEREST AND PROTECTION OF:
______________________________________
NOTIFICATION OF COMMUNICABLE DISEASE EMERGENCY DETENTION
Now comes _____________________________, a peace officer with
(name of agency) _____________________________, of the State of
Texas, and states as follows:
1. I have reason to believe and do believe that (name of individual
to be detained) __________________________ is the subject of a
control order under Section 81.083, Health and Safety Code, issued
in response to a communicable disease determined by the
commissioner of state health services to pose a serious and
imminent risk to health and safety.
2. I have reason to believe and do believe that the above-named
individual (or, if applicable, the minor individual's parent, legal
guardian, or managing conservator) is not complying with or does
not intend to comply with the control order based on the following:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
3. I have reason to believe and do believe that the above-named
individual evidences a substantial risk of serious harm to others
based on the following:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
4. I have reason to believe and do believe that the risk of harm is
imminent unless the above-named individual is immediately
detained.
5. My beliefs are based on the following recent behavior, overt
acts, attempts, statements, or threats observed by me or reliably
reported to me:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
6. The names and addresses of those persons who reported or
observed recent behavior, overt acts, attempts, statements, or
threats of the above-named person are (if applicable):
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
For the above reasons, I present this notification to (name of
health facility or local health authority or department)
_________________________ for the detention of (name of individual
to be detained) __________________________.
7. Was the individual restrained in any way? Yes □ No □
_________________________BADGE NO. _____________________
PEACE OFFICER'S SIGNATURE
Address: _________________________ Zip Code: ____________________
Telephone: ______________________
(e) A health facility, local health authority, or the
department may not require a peace officer to execute any form other
than the form provided by Subsection (d) as a condition of accepting
for temporary admission an individual detained under Section
81.0891.
Sec. 81.0893. ACCEPTANCE OF PERSON. A health facility
shall temporarily accept an individual for whom a peace officer
files a notification of detention under Section 81.0892(a).
Sec. 81.0894. RELEASE FROM DETENTION. (a) An individual
detained under Section 81.0891 may be detained in custody for not
longer than 48 hours after the time the individual is presented to
the health facility or location unless a written order for further
custody or detention is obtained under Subchapter G.
(b) If the 48-hour period ends on a Saturday, Sunday, legal
holiday, or before 4 p.m. on the first succeeding business day, the
individual may be detained until 4 p.m. on the first succeeding
business day. If the 48-hour period ends at a different time, the
individual may be detained only until 4 p.m. on the day the 48-hour
period ends.
(c) If extremely hazardous weather conditions exist or a
disaster occurs, the presiding judge or magistrate may, by written
order made each day, extend by an additional 24 hours the period
during which the individual may be detained. The written order must
declare that an emergency exists because of the weather or the
occurrence of a disaster.
Sec. 81.0895. RIGHTS OF INDIVIDUALS DETAINED. (a) An
individual subject to emergency detention under Section 81.0891 has
the right:
(1) to be advised of the location of detention, the
reasons for the detention, and the fact that the detention could
result in a longer period of court-ordered management;
(2) to a reasonable opportunity to communicate with
and retain an attorney;
(3) to be released from a health facility as provided
by Section 81.0894;
(4) to be advised that communications with a health
professional, local health authority, or the department may be used
in proceedings for further detention; and
(5) to a reasonable opportunity to communicate with a
relative or other responsible person who has a proper interest in
the individual's welfare.
(b) An individual detained under Section 81.0891 must:
(1) immediately be informed, orally in simple,
nontechnical terms, of the individual's rights under this section
by the peace officer at the time the peace officer takes the
individual into custody under Section 81.0891; and
(2) not later than 24 hours after the time the
individual is admitted to a health facility or detained in another
location, as applicable, be informed of the rights provided by this
section and this subchapter:
(A) orally in simple, nontechnical terms and in
writing in the person's primary language, if possible; or
(B) through the use of a means reasonably
calculated to communicate with a hearing or visually impaired
individual, if applicable.
(c) The executive commissioner of the Health and Human
Services Commission by rule shall prescribe the manner in which the
individual is informed of the individual's rights under this
subchapter.
SECTION 8. The heading to Subchapter G, Chapter 81, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER G. COURT ORDERS FOR MANAGEMENT OF PERSONS WHO ARE
INFECTED WITH, EXPOSED TO, OR CARRIERS OF COMMUNICABLE DISEASES
SECTION 9. Section 81.151(e), Health and Safety Code, is
amended to read as follows:
(e) A single application may be filed for a group if:
(1) the department or health authority reasonably
suspects that a group of five or more persons are infected with,
have been [has been] exposed to, or are carriers of [infected with]
a communicable disease; and
(2) each person in the group meets the criteria of this
chapter for court orders for the management of a person who is
infected with, has been exposed to, or is a carrier of a
communicable disease.
SECTION 10. Section 81.1511, Health and Safety Code, is
amended to read as follows:
Sec. 81.1511. APPLICABILITY OF SUBCHAPTER TO GROUP. To the
extent possible, and except as otherwise provided, if a group
application is filed under Section 81.151(e), the provisions of
this subchapter apply to the group in the same manner as they apply
to an individual, except that:
(1) except as provided by Subdivision (2), any
statement or determination regarding the condition [conduct] or
status of a person must be made in regard to the majority of the
members of the group;
(2) any finding or statement related to compliance
with orders under Section 81.083 must be made for the entire group;
(3) any notice required to be provided to a person
must:
(A) in addition to being sent to each individual
in the group for whom the department or health authority has an
address, be published in a newspaper of general circulation in the
county that includes the area of the suspected contamination and
any other county in which the department or health authority
suspects a member of the group resides;
(B) state that the group is appointed an attorney
but that a member of the group is entitled to the member's own
attorney on request; and
(C) include instructions for any person who
reasonably suspects that the person was at the place of the
suspected exposure at the time of the suspected exposure to provide
the person's name, address, and county of residence to the
department or health authority; and
(4) an affidavit of medical evaluation for the group
may be based on evaluation of one or more members of the group if the
physician reasonably believes that the condition of the individual
or individuals represents the condition of the majority of the
members of the group.
SECTION 11. Section 81.152, Health and Safety Code, is
amended to read as follows:
Sec. 81.152. FORM OF APPLICATION. (a) An application for
a court order for the management of a person who is infected with,
has been exposed to, or is a carrier of a communicable disease must
be styled using the person's initials and not the person's full
name.
(b) The application must state whether the application is
for temporary or extended management of a person who is infected
with, has been exposed to, or is a carrier of a communicable
disease.
(c) Any application must contain the following information
according to the applicant's information and belief:
(1) the person's name and address;
(2) the person's county of residence in this state;
(3) a statement that the person is infected with, has
been exposed to, or is the carrier of or is reasonably suspected of
being infected with, having been exposed to, or being the carrier of
a communicable disease that presents a threat to public health and
that the person meets the criteria of this chapter for court orders
for the management of a person with a communicable disease; and
(4) a statement, to be included only in an application
for inpatient treatment, that the person fails or refuses to comply
with written orders of the department or health authority under
Section 81.083, if applicable.
(d) A group application must contain the following
information according to the applicant's information and belief:
(1) a description of the group and the location where
the members of the group may be found;
(2) a narrative of how the members of the group have
become infected with, were [has been] exposed to, or became
carriers of the communicable disease [infected];
(3) an estimate of how many persons are included in the
group;
(4) to the extent known, a list containing the name,
address, and county of residence in this state of each member of the
group;
(5) if the applicant is unable to obtain the name and
address of each member of the group:
(A) a statement that the applicant has sought
each of the unknown names and addresses; and
(B) the reason that the names and addresses are
unavailable; and
(6) a statement, to be included only in an application
for inpatient treatment, that the members of the group fail or
refuse to comply with written orders of the department or health
authority under Section 81.083, if applicable.
SECTION 12. Section 81.153(a), Health and Safety Code, is
amended to read as follows:
(a) The judge shall appoint an attorney to represent a
person not later than the 24th hour after the time an application
for a court order for the management of a person who is infected
with, has been exposed to, or is the carrier of a communicable
disease is filed if the person does not have an attorney. The judge
shall also appoint a language or sign interpreter if necessary to
ensure effective communication with the attorney in the person's
primary language.
SECTION 13. Section 81.158(a), Health and Safety Code, is
amended to read as follows:
(a) An affidavit of medical evaluation must be dated and
signed by the commissioner or the commissioner's designee, or by a
health authority with the concurrence of the commissioner or the
commissioner's designee. The certificate must include:
(1) the name and address of the examining physician,
if applicable;
(2) the name and address of the person examined or to
be examined;
(3) the date and place of the examination, if
applicable;
(4) a brief diagnosis of the examined person's
physical and mental condition, if applicable;
(5) the period, if any, during which the examined
person has been under the care of the examining physician;
(6) an accurate description of the health treatment,
if any, given by or administered under the direction of the
examining physician; and
(7) the opinion of the health authority or department
and the reason for that opinion, including laboratory reports,
that:
(A) the examined person is infected with, has
been exposed to, or is the carrier of or is reasonably suspected of
being infected with, having been exposed to, or being the carrier of
a communicable disease that presents a threat to public health; and
(B) as a result of that communicable disease the
examined person:
(i) is likely to cause serious harm to self
[himself]; or
(ii) will, if not examined, observed, or
treated, continue to endanger public health.
SECTION 14. Section 81.159(a), Health and Safety Code, is
amended to read as follows:
(a) The commissioner shall designate health care facilities
throughout the state that are capable of providing services for the
examination, observation, isolation, or treatment of persons
having or suspected of being infected with, having been exposed to,
or being a carrier of [having] a communicable disease. However, the
commissioner may not designate:
(1) a nursing home or custodial care home required to
be licensed under Chapter 242; or
(2) an intermediate care facility for persons with an
intellectual or developmental disability [the mentally retarded]
required to be licensed under Chapter 252.
SECTION 15. Sections 81.161(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) A motion for an order of protective custody may be filed
only in the court in which an application for a court order for the
management of a person who is infected with, has been exposed to, or
is the carrier of a communicable disease is pending.
(c) The motion must state that:
(1) the department or health authority has reason to
believe and does believe that the person meets the criteria
authorizing the court to order protective custody; and
(2) the belief is derived from:
(A) the representations of a credible person;
(B) the condition [conduct] of the person who is
the subject of the motion; or
(C) the circumstances under which the person is
found.
SECTION 16. Sections 81.162(a) and (f), Health and Safety
Code, are amended to read as follows:
(a) The judge or designated magistrate may issue a
protective custody order if the judge or magistrate determines:
(1) that the health authority or department has stated
its opinion and the detailed basis for its opinion that the person
is infected with, has been exposed to, or is the carrier of or is
reasonably suspected of being infected with, having been exposed
to, or being the carrier of a communicable disease that presents an
immediate threat to the public health; and
(2) that the person fails or refuses to comply with the
written orders of the health authority or the department under
Section 81.083, if applicable.
(f) Notwithstanding Section 81.161 or Subsection (c), a
judge or magistrate may issue a temporary protective custody order
before the filing of an application for a court order for the
management of a person who is infected with, has been exposed to, or
is a carrier of a communicable disease under Section 81.151 if:
(1) the judge or magistrate takes testimony that an
application under Section 81.151, together with a motion for
protective custody under Section 81.161, will be filed with the
court on the next business day; and
(2) the judge or magistrate determines based on
evidence taken under Subsection (d) that there is probable cause to
believe that the person presents a substantial risk of serious harm
to self [himself] or others to the extent that the person cannot be
at liberty pending the filing of the application and motion.
SECTION 17. Section 81.165(a), Health and Safety Code, is
amended to read as follows:
(a) A hearing must be held to determine if:
(1) there is probable cause to believe that a person
under a protective custody order presents a substantial risk of
serious harm to the person [himself] or others to the extent that
the person cannot be at liberty pending the hearing on a court order
for the management of a person with a communicable disease; and
(2) the health authority or department has stated its
opinion and the detailed basis for its opinion that the person is
infected with, has been exposed to, or is the carrier of or is
reasonably suspected of being infected with, having been exposed
to, or being the carrier of a communicable disease that presents an
immediate threat to public health.
SECTION 18. Section 81.166(d), Health and Safety Code, is
amended to read as follows:
(d) The notification of probable cause hearing shall read as
follows:
(Style of Case)
NOTIFICATION OF PROBABLE CAUSE HEARING
On this the _____ day of _________________, 20__ [19__], the
undersigned hearing officer heard evidence concerning the need for
protective custody of ___________ (hereinafter referred to as
proposed patient). The proposed patient was given the opportunity
to challenge the allegations that the proposed patient [(s)he]
presents a substantial risk of serious harm to self or others.
The proposed patient and the proposed patient's [his or her]
attorney _________________________ have been given written notice
that the proposed patient was placed under an order of protective
custody and the reasons for such order on ___________ (date of
notice).
I have examined the affidavit of medical evaluation and
________________ (other evidence considered). Based on this
evidence, I find that there is probable cause to believe that the
proposed patient presents a substantial risk of serious harm to
self [himself or herself] (yes ____ or no ____) or others (yes ____
or no ____) such that the proposed patient [(s)he] cannot be at
liberty pending final hearing because the proposed patient [(s)he]
is infected with, has been exposed to, or is the carrier of or is
reasonably suspected of being infected with, having been exposed
to, or being the carrier of a communicable disease that presents an
immediate threat to the public health and the proposed patient
[(s)he] has failed or refused to comply with the orders of the
health authority or the Texas Department of Health delivered on
__________ (date of service) ____________.
SECTION 19. Section 81.167(a), Health and Safety Code, is
amended to read as follows:
(a) The head of a facility or the facility head's designee
shall detain a person under a protective custody order in the
facility pending a court order for the management of a person who is
infected with, has been exposed to, or is a carrier of a
communicable disease or until the person is released or discharged
under Section 81.168.
SECTION 20. Section 81.168(c), Health and Safety Code, is
amended to read as follows:
(c) The head of a facility shall discharge a person held
under a protective custody order if:
(1) the head of the facility does not receive notice
within 72 hours after detention begins, excluding Saturdays,
Sundays, legal holidays, the period prescribed by Section 81.165(b)
for an extreme weather emergency, and the duration of a public
health disaster, that a probable cause hearing was held and the
person's continued detention was authorized;
(2) a final court order for the management of a person
who is infected with, has been exposed to, or is a carrier of a
communicable disease has not been entered within the time
prescribed by Section 81.154; or
(3) the health authority or commissioner determines
that the person no longer meets the criteria for protective custody
prescribed by Section 81.162.
SECTION 21. Section 81.169(a), Health and Safety Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), the judge may hold
a hearing on an application for a court order for the management of
a person who is infected with, has been exposed to, or is a carrier
of a communicable disease at any suitable location in the county.
The hearing should be held in a physical setting that is not likely
to have a harmful effect on the public or the person.
SECTION 22. Section 81.170(f), Health and Safety Code, is
amended to read as follows:
(f) The jury shall determine if the person is infected with,
has been exposed to, or is the carrier of or is reasonably suspected
of being infected with, having been exposed to, or being the carrier
of a communicable disease that presents a threat to the public
health and, if the application is for inpatient treatment, has
refused or failed to follow the orders of the health authority. The
jury may not make a finding about the type of services to be
provided to the person.
SECTION 23. Section 81.171(a), Health and Safety Code, is
amended to read as follows:
(a) The court shall enter an order denying an application
for a court order for temporary or extended management if after a
hearing the judge or jury fails to find, from clear and convincing
evidence, that the person:
(1) is infected with, has been exposed to, or is the
carrier of or is reasonably suspected of being infected with,
having been exposed to, or being the carrier of a communicable
disease that presents a threat to the public health;
(2) has refused or failed to follow the orders of the
health authority if the application is for inpatient treatment; and
(3) meets the applicable criteria for orders for the
management of a person who is infected with, has been exposed to, or
is a carrier of a communicable disease.
SECTION 24. Section 81.172(a), Health and Safety Code, is
amended to read as follows:
(a) The judge or jury may determine that a person requires
court-ordered examination, observation, isolation, or treatment
only if the judge or jury finds, from clear and convincing evidence,
that:
(1) the person is infected with, has been exposed to,
or is the carrier of or is reasonably suspected of being infected
with, having been exposed to, or being the carrier of a communicable
disease that presents a threat to the public health and, if the
application is for inpatient treatment, has failed or refused to
follow the orders of the health authority or department; and
(2) as a result of the communicable disease the
person:
(A) is likely to cause serious harm to self
[himself]; or
(B) will, if not examined, observed, isolated, or
treated, continue to endanger public health.
SECTION 25. Section 81.174(a), Health and Safety Code, is
amended to read as follows:
(a) The judge shall dismiss the jury, if any, after a
hearing in which a person is found:
(1) to be infected with, to have been exposed to, or to
be the carrier of or to be reasonably suspected of being infected
with, having been exposed to, or being a carrier of a communicable
disease;
(2) to have failed or refused to follow the orders of a
health authority or the department if the application is for
inpatient treatment; and
(3) to meet the criteria for orders for the management
of a patient who is infected with, has been exposed to, or is a
carrier of a communicable disease.
SECTION 26. Section 81.176, Health and Safety Code, is
amended to read as follows:
Sec. 81.176. DESIGNATION OF FACILITY. In a court order for
the temporary or extended management of a person who is infected
with, has been exposed to, or is a carrier of a communicable disease
specifying inpatient care, the court shall commit the person to a
health care facility designated by the commissioner or a health
authority in accordance with Section 81.159.
SECTION 27. Section 81.183(b), Health and Safety Code, is
amended to read as follows:
(b) The court shall appoint an attorney to represent the
person if a hearing is scheduled. The person shall be given notice
of the matters to be considered at the hearing. The notice must
comply with the requirements of Section 81.155 for notice before a
hearing on an application for court orders for the management of a
person who is infected with, has been exposed to, or is a carrier of
a communicable disease.
SECTION 28. Section 81.186(a), Health and Safety Code, is
amended to read as follows:
(a) The court may modify an order for outpatient services at
the modification hearing if the court determines that the person
continues to meet the applicable criteria for court orders for the
management of a person who is infected with, has been exposed to, or
is a carrier of a communicable disease and that:
(1) the person has not complied with the court's order;
or
(2) the person's condition has deteriorated to the
extent that outpatient services are no longer appropriate.
SECTION 29. Section 81.188(a), Health and Safety Code, is
amended to read as follows:
(a) The court may set aside an order for the management of a
person who is infected with, has been exposed to, or is a carrier of
a communicable disease and grant a motion for rehearing for good
cause shown.
SECTION 30. Section 81.190(d), Health and Safety Code, is
amended to read as follows:
(d) The hearing is held before the court and without a jury.
The hearing must be held in accordance with the requirements for a
hearing on an application for a court order for the management of a
person who is infected with, has been exposed to, or is a carrier of
a communicable disease.
SECTION 31. Section 81.191(a), Health and Safety Code, is
amended to read as follows:
(a) An appeal from an order for the management of a person
who is infected with, has been exposed to, or is a carrier of a
communicable disease, or from a renewal or modification of an
order, must be filed in the court of appeals for the county in which
the order is entered.
SECTION 32. Section 81.193(a), Health and Safety Code, is
amended to read as follows:
(a) The head of a facility may permit a person admitted to
the facility under order for extended inpatient management of a
person who is infected with, has been exposed to, or is a carrier of
a communicable disease to leave the facility under a pass.
SECTION 33. Chapter 81, Health and Safety Code, is amended
by adding Subchapters J and K to read as follows:
SUBCHAPTER J. TASK FORCE ON INFECTIOUS DISEASE PREPAREDNESS AND
RESPONSE
Sec. 81.401. DEFINITION. In this subchapter, "task force"
means the Task Force on Infectious Disease Preparedness and
Response.
Sec. 81.402. PURPOSE AND FINDINGS. The legislature finds
that:
(1) infectious diseases are responsible for more
deaths worldwide than any other single cause;
(2) the State of Texas has a responsibility to
safeguard and protect the health and well-being of its citizens
from the spread of infectious diseases;
(3) on September 30, 2014, the first case of Ebola
diagnosed in the United States occurred in Dallas, Texas;
(4) addressing infectious diseases requires the
coordination and cooperation of multiple governmental entities at
the local, state, and federal levels;
(5) public health and medical preparedness and
response guidelines are crucial to protect the safety and welfare
of our citizens; and
(6) Texas has nationally recognized infectious
disease experts and other highly trained professionals across the
state with the experience needed to minimize any potential risk to
the people of Texas.
Sec. 81.403. TASK FORCE; DUTIES. (a) The Task Force on
Infectious Disease Preparedness and Response is created as an
advisory panel to the governor.
(b) The task force shall:
(1) provide expert, evidence-based assessments,
protocols, and recommendations related to state responses to
infectious diseases, including Ebola; and
(2) serve as a reliable and transparent source of
information and education for Texas leadership and citizens.
Sec. 81.404. APPOINTMENT OF MEMBERS; TERMS. (a) The
governor may appoint members of the task force as necessary,
including members from relevant state agencies, members with
expertise in infectious diseases and other issues involved in the
prevention of the spread of infectious diseases, and members from
institutions of higher education in this state. The governor shall
appoint to the task force:
(1) at least one member who is a representative of a
local health authority serving a rural area; and
(2) at least one member who is a representative of a
local health authority serving an urban area.
(b) The governor shall appoint a director of the task force
from among the members of the task force.
(c) The governor may fill any vacancy that occurs on the
task force and may appoint additional members as needed.
(d) Members of the task force serve at the pleasure of the
governor.
(e) A state or local employee appointed to the task force
shall perform any duties required by the task force in addition to
the regular duties of the employee.
Sec. 81.405. REPORTS. The task force may make written
reports on its findings and recommendations, including legislative
recommendations, to the governor and legislature.
Sec. 81.406. MEETINGS. (a) The task force shall meet at
times and locations as determined by the director of the task force.
(b) The task force may meet telephonically.
(c) The task force may hold public hearings to gather
information. The task force shall endeavor to meet in various parts
of the state to encourage local input.
(d) The task force may meet in executive session to discuss
matters that are confidential by state or federal law or to ensure
public security or law enforcement needs.
Sec. 81.407. ADMINISTRATIVE SUPPORT. State agencies with
members on the task force shall provide administrative support for
the task force.
Sec. 81.408. REIMBURSEMENT. Task force members serve
without compensation and are not entitled to reimbursement for
travel expenses.
SUBCHAPTER K. STATEWIDE INFECTIOUS DISEASE CONTROL MEASURES;
PREPARATION
Sec. 81.451. PERSONAL PROTECTIVE EQUIPMENT. (a) In this
section, "personal protective equipment" means specialized
clothing or equipment worn for protection against infectious
materials.
(b) The department shall establish a stockpile, or regional
stockpiles, of personal protective equipment to support responses
to infectious disease emergencies in the state, if funds are
appropriated for the purposes of this section.
Sec. 81.452. MOBILE APPLICATION. The department may
contract to establish a mobile application for wireless
communications devices that might be used by health officials and
health care providers to monitor the spread of an infectious
disease in real time.
Sec. 81.453. PORTABLE MEDICAL WASTE TREATMENT. The
department, the Texas Department of Transportation, and the Texas
Commission on Environmental Quality shall:
(1) evaluate portable treatment options for medical
waste to render pathogens in that waste noninfectious; and
(2) develop procedures to rapidly deploy the portable
treatment options through vendor contracts or state purchase.
SECTION 34. Subchapter B, Chapter 716, Health and Safety
Code, is amended by adding Section 716.055 to read as follows:
Sec. 716.055. EXCEPTION: DEPARTMENT OF STATE HEALTH
SERVICES AUTHORIZATION. (a) A crematory establishment may
cremate the deceased person's human remains without receipt of a
cremation authorization form signed by the authorizing agent if the
Department of State Health Services certifies that:
(1) the deceased person was infected with, was exposed
to, or was a carrier of a communicable disease that presents a
threat to public health; and
(2) burial of the body would pose a public health risk.
(b) The Texas Funeral Service Commission may adopt rules
necessary to implement this section.
SECTION 35. The heading to Section 716.204, Health and
Safety Code, is amended to read as follows:
Sec. 716.204. IMMUNITY FROM CRIMINAL AND CIVIL LIABILITY[;
WRITTEN DIRECTIONS].
SECTION 36. Section 716.204, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) If Section 716.055(a) applies, a cemetery organization,
a business operating a crematory or columbarium, a funeral
director, an embalmer, or a funeral establishment is not criminally
liable or liable in a civil action for cremating the human remains
of a deceased person.
SECTION 37. The Department of State Health Services, the
Texas Animal Health Commission, the Texas A&M Veterinary Medical
Diagnostic Laboratory, and the Texas A&M College of Veterinary
Medicine and Biomedical Sciences shall:
(1) review documents published or updated by the
federal Centers for Disease Control and Prevention and the United
States Department of Agriculture providing guidance on infection
control measures, including quarantine, for pets and livestock
animals exposed to infectious diseases;
(2) incorporate the recommendations of the federal
Centers for Disease Control and Prevention and the United States
Department of Agriculture in developing and revising guidelines for
this state to use in preventing the spread of infectious disease
through pets and livestock;
(3) evaluate the current facilities and capabilities
of this state to implement the guidelines adopted under Subdivision
(2) of this section, including an evaluation of the sufficiency and
capacity of available quarantine facilities;
(4) solicit public feedback in developing any
recommendations for legislative, administrative, or executive
action to address perceived problems; and
(5) submit a report on any findings, evaluations, and
recommendations to the governor and the legislature not later than
December 1, 2016.
SECTION 38. (a) Not later than December 1, 2015, the
Department of State Health Services shall submit a report to the
legislature regarding the preparedness of this state for containing
an infectious disease outbreak.
(b) The report under this section must include:
(1) any progress that the department has made on
implementing recommendations of the Task Force on Infectious
Disease Preparedness and Response;
(2) recommendations for statutory changes that are
necessary to enable the department to implement the recommendations
of the Task Force on Infectious Disease Preparedness and Response;
(3) a cost analysis for the implementation of any
recommendations of the Task Force on Infectious Disease
Preparedness and Response that the department determines are not
possible to implement using existing resources;
(4) an evaluation of portable medical waste treatment
options under Section 81.453, Health and Safety Code, as added by
this Act, proposed procedures for deploying the portable treatment
options, any projected costs for those treatments, and any
legislative recommendations necessary to implement any proposed
portable medical waste treatment solutions; and
(5) any recommendations for legislation or other
measures that would assist the department in preparing for an
infectious disease outbreak.
(c) The Department of State Health Services shall
coordinate with other state agencies as necessary to complete the
report under this section. The report must specify if the
department determines that a recommendation be implemented by
another state agency.
SECTION 39. (a) On the effective date of this Act, a member
serving on the Task Force on Infectious Disease Preparedness and
Response created by executive order of the governor continues to
serve on the Task Force on Infectious Disease Preparedness and
Response under Subchapter J, Chapter 81, Health and Safety Code, as
added by this Act.
(b) As soon as practicable after the effective date of this
Act, the governor shall make any appointments to the Task Force on
Infectious Disease Preparedness and Response required under
Subchapter J, Chapter 81, Health and Safety Code, as added by this
Act.
SECTION 40. 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, 2015.
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