3 | 2 | | |
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4 | 3 | | |
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5 | 4 | | A BILL TO BE ENTITLED |
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6 | 5 | | AN ACT |
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7 | 6 | | relating to mosquito control districts established for an urgent |
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8 | 7 | | public health purpose. |
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9 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 9 | | SECTION 1. Chapter 344, Health and Safety Code, is amended |
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11 | 10 | | by designating Sections 344.001 through 344.007 as Subchapter A and |
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12 | 11 | | adding a subchapter heading to read as follows: |
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13 | 12 | | SUBCHAPTER A. ESTABLISHMENT, OPERATION, AND DISSOLUTION OF |
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14 | 13 | | MOSQUITO CONTROL DISTRICTS |
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15 | 14 | | SECTION 2. Chapter 344, Health and Safety Code, is amended |
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16 | 15 | | by adding Subchapter B to read as follows: |
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17 | 16 | | SUBCHAPTER B. ESTABLISHMENT OF MOSQUITO CONTROL DISTRICTS FOR |
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18 | 17 | | URGENT PUBLIC HEALTH PURPOSE |
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19 | 18 | | Sec. 344.051. DEFINITION. In this subchapter, "department" |
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20 | 19 | | means the Department of State Health Services. |
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21 | 20 | | Sec. 344.052. LEGISLATIVE FINDINGS. The legislature finds |
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22 | 21 | | that: |
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23 | 22 | | (1) scientists have concluded the Zika virus is a |
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24 | 23 | | cause for microcephaly and other severe fetal brain defects; |
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25 | 24 | | (2) the department has reported that counties in the |
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26 | 25 | | Gulf Coast region and on the international border with Mexico are at |
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27 | 26 | | the highest risk in this state of developing localized cases of the |
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28 | 27 | | Zika virus; |
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29 | 28 | | (3) Cameron County, which is located on the |
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30 | 29 | | international border with Mexico, has had as of December 2016 at |
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31 | 30 | | least five documented cases of locally transmitted Zika virus; |
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32 | 31 | | (4) the powers of a mosquito control district may be |
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33 | 32 | | effective in combating the increased risk of transmission of the |
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34 | 33 | | Zika virus; and |
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35 | 34 | | (5) there is an urgent public health purpose for |
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36 | 35 | | establishing a mosquito control district in Cameron and Hidalgo |
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37 | 36 | | Counties and other high-risk counties to contain, eradicate, and |
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38 | 37 | | treat problems associated with communicable diseases, including |
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39 | 38 | | the Zika virus, the dengue virus, and the chikungunya virus, that |
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40 | 39 | | are carried by mosquitoes. |
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41 | 40 | | Sec. 344.053. APPLICABILITY OF SUBCHAPTER. This subchapter |
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42 | 41 | | applies only to a county located on the international border with |
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43 | 42 | | Mexico: |
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44 | 43 | | (1) for which the department has documented a locally |
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45 | 44 | | transmitted case of the Zika virus; or |
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46 | 45 | | (2) that is adjacent to a county described by |
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47 | 46 | | Subdivision (1). |
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48 | 47 | | Sec. 344.054. ESTABLISHMENT. A county described by Section |
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49 | 48 | | 344.053 may establish an urgent public health mosquito control |
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50 | 49 | | district on issuance of an order by the county judge or |
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51 | 50 | | commissioners court of the county stating that an urgent public |
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52 | 51 | | health purpose requires establishment of the district and ordering |
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53 | 52 | | an election under Section 344.001. |
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54 | 53 | | Sec. 344.055. DUTIES OF COUNTY ESTABLISHING DISTRICT. A |
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55 | 54 | | county that establishes an urgent public health mosquito control |
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56 | 55 | | district under this subchapter shall: |
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57 | 56 | | (1) conduct surveillance of vectors carrying |
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58 | 57 | | communicable disease; |
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59 | 58 | | (2) address the capacity of the county public health |
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60 | 59 | | infrastructure, including by: |
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61 | 60 | | (A) establishing and operating communicable |
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62 | 61 | | disease and illness identification laboratories; |
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63 | 62 | | (B) training and hiring public health personnel |
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64 | 63 | | and research fellows; |
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65 | 64 | | (C) matching state, federal, and private |
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66 | 65 | | initiatives and efforts aimed at addressing and mitigating health |
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67 | 66 | | and environmental conditions that contribute to the breeding, |
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68 | 67 | | development, and spread of vectors carrying communicable disease; |
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69 | 68 | | (D) testing county residents for communicable |
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70 | 69 | | diseases and providing medical treatment to county residents who |
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71 | 70 | | have communicable diseases; and |
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72 | 71 | | (E) funding prevention measures and initiatives |
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73 | 72 | | to protect county residents from vectors carrying communicable |
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74 | 73 | | disease; and |
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75 | 74 | | (3) address the prevention and spread of vectors |
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76 | 75 | | carrying communicable disease by funding efforts to inform people |
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77 | 76 | | about the prevention and spread through community campaigns and |
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78 | 77 | | regional information efforts. |
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79 | 78 | | Sec. 344.056. SPECIAL PUBLIC HEALTH ADVISORY COMMITTEE. |
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80 | 79 | | (a) In this section, "committee" means the special public health |
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81 | 80 | | advisory committee established under this section. |
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82 | 81 | | (b) Notwithstanding Section 344.004, the commissioners |
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83 | 82 | | court of a county that establishes an urgent public health mosquito |
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84 | 83 | | control district under this subchapter shall establish a special |
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85 | 84 | | public health advisory committee. |
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86 | 85 | | (c) The commissioners court shall appoint seven members to |
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87 | 86 | | the committee as follows: |
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88 | 87 | | (1) one member who is the county public health |
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89 | 88 | | administrator; |
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90 | 89 | | (2) three members who are public health administrators |
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91 | 90 | | at the executive director level in the most populated |
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92 | 91 | | municipalities in the county; and |
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93 | 92 | | (3) three members who are property taxpaying voters of |
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94 | 93 | | the county. |
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95 | 94 | | (d) The commissioner of state health services shall appoint |
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96 | 95 | | one delegate to serve as a nonvoting, ex officio member of the |
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97 | 96 | | committee. |
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98 | 97 | | (e) The county judge shall designate one committee member |
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99 | 98 | | appointed under Subsection (c) as the presiding officer of the |
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100 | 99 | | committee. The committee meets at the call of the presiding |
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101 | 100 | | officer. |
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102 | 101 | | (f) A committee member serves without compensation. |
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103 | 102 | | (g) A committee member must take an oath of office |
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104 | 103 | | prescribed by the commissioners court. |
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105 | 104 | | (h) The committee shall: |
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106 | 105 | | (1) make written recommendations to the commissioners |
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107 | 106 | | court that the committee considers necessary to: |
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108 | 107 | | (A) address the urgent public health purpose of |
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109 | 108 | | the mosquito control district established under this subchapter; |
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110 | 109 | | and |
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111 | 110 | | (B) implement the district's duties; and |
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112 | 111 | | (2) perform any other duty assigned to the committee |
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113 | 112 | | by the commissioners court. |
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114 | 113 | | Sec. 344.057. MOSQUITO CONTROL PERSONNEL. The |
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115 | 114 | | commissioners court of a county that establishes an urgent public |
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116 | 115 | | health mosquito control district under this subchapter may appoint: |
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117 | 116 | | (1) a mosquito control engineer as provided by Section |
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118 | 117 | | 344.005; or |
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119 | 118 | | (2) any other public health professional the |
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120 | 119 | | commissioners court determines is necessary to carry out the duties |
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121 | 120 | | of the district and to address the recommendations of the special |
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122 | 121 | | public health advisory committee established under Section |
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123 | 122 | | 344.056. |
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124 | 123 | | SECTION 3. This Act takes effect immediately if it receives |
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125 | 124 | | a vote of two-thirds of all the members elected to each house, as |
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126 | 125 | | provided by Section 39, Article III, Texas Constitution. If this |
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127 | 126 | | Act does not receive the vote necessary for immediate effect, this |
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128 | 127 | | Act takes effect September 1, 2017. |
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