85R11017 JG-D
By: Lucio S.B. No. 1858
A BILL TO BE ENTITLED
AN ACT
relating to an alert system for public health or safety threat
notifications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 161, Health and Safety Code, is amended
by adding Subchapter X to read as follows:
SUBCHAPTER X. PUBLIC HEALTH ALERTS
Sec. 161.701. DEFINITIONS. In this subchapter:
(1) "Alert" means a public health alert for public
health emergencies developed and implemented statewide under this
subchapter.
(2) "Governmental entity" means a state agency or a
political subdivision of this state.
Sec. 161.702. ALERT FOR PUBLIC HEALTH EMERGENCIES. With
the cooperation of the office of the governor and other appropriate
state agencies, the department may develop and implement an alert
to be activated on a report to the department of a public health
emergency.
Sec. 161.703. ADMINISTRATION. (a) The commissioner is the
statewide coordinator of the alert.
(b) The executive commissioner may adopt rules and the
commissioner may issue directives as necessary to ensure proper
implementation of an alert. The rules and directives must include:
(1) the procedures for identifying a public health
emergency;
(2) a description of the circumstances under which a
governmental entity is required to report a public health emergency
to the department; and
(3) the procedures for reporting information about a
public health emergency to designated media outlets in this state.
Sec. 161.704. ALERT APPLICATION. The department may
partner with a nonprofit software developer to develop and maintain
an electronic application to increase the effectiveness, delivery,
and reliability of an alert. The department may not charge a fee
for use of the application developed under this section.
Sec. 161.705. NOTIFICATION TO DEPARTMENT OF PUBLIC HEALTH
EMERGENCY. (a) A governmental entity shall notify the department
of a public health emergency if the department establishes an alert
under this subchapter and the entity:
(1) receives notice of a suspected public health
emergency;
(2) verifies the suspected public health emergency;
and
(3) determines the suspected public health emergency
poses a credible threat to the public's health and safety.
(b) The governmental entity shall, as soon as practicable,
determine whether a suspected public health emergency poses a
credible threat to the public's health and safety for purposes of
Subsection (a)(3).
Sec. 161.706. ACTIVATION OF ALERT. (a) On notification of
a public health emergency by a governmental entity under Section
161.705, the department shall confirm the accuracy of the
information and, if confirmed, immediately issue an alert under
this subchapter in accordance with department rules.
(b) In issuing the alert, the department shall:
(1) provide the alert by text message and through any
application developed under Section 161.704 to each person in the
area threatened by the public health emergency; and
(2) send the alert to designated media outlets in this
state.
(c) On receipt of an alert under Subsection (b)(2),
participating radio stations, television stations, and other media
outlets may issue the alert at designated intervals to assist in
notifying the public of the public health emergency.
Sec. 161.707. CONTENT OF ALERT. An alert must include all
appropriate information provided by the governmental entity under
Section 161.705 that may assist the public in avoiding illness or
injury during the public health emergency.
Sec. 161.708. TERMINATION OF ALERT. (a) The commissioner
shall terminate any activation of an alert for a public health
emergency not later than the earlier of the date on which:
(1) the public health emergency is resolved; or
(2) the notification period ends, as determined by
department rule.
(b) A governmental entity that provides information to the
department under Section 161.705 shall notify the department as
soon as possible once a public health emergency is resolved.
SECTION 2. This Act takes effect September 1, 2017.