| 1 | 1 | | 85R11017 JG-D |
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| 2 | 2 | | By: Lucio S.B. No. 1858 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to an alert system for public health or safety threat |
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| 8 | 8 | | notifications. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 161, Health and Safety Code, is amended |
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| 11 | 11 | | by adding Subchapter X to read as follows: |
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| 12 | 12 | | SUBCHAPTER X. PUBLIC HEALTH ALERTS |
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| 13 | 13 | | Sec. 161.701. DEFINITIONS. In this subchapter: |
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| 14 | 14 | | (1) "Alert" means a public health alert for public |
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| 15 | 15 | | health emergencies developed and implemented statewide under this |
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| 16 | 16 | | subchapter. |
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| 17 | 17 | | (2) "Governmental entity" means a state agency or a |
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| 18 | 18 | | political subdivision of this state. |
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| 19 | 19 | | Sec. 161.702. ALERT FOR PUBLIC HEALTH EMERGENCIES. With |
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| 20 | 20 | | the cooperation of the office of the governor and other appropriate |
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| 21 | 21 | | state agencies, the department may develop and implement an alert |
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| 22 | 22 | | to be activated on a report to the department of a public health |
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| 23 | 23 | | emergency. |
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| 24 | 24 | | Sec. 161.703. ADMINISTRATION. (a) The commissioner is the |
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| 25 | 25 | | statewide coordinator of the alert. |
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| 26 | 26 | | (b) The executive commissioner may adopt rules and the |
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| 27 | 27 | | commissioner may issue directives as necessary to ensure proper |
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| 28 | 28 | | implementation of an alert. The rules and directives must include: |
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| 29 | 29 | | (1) the procedures for identifying a public health |
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| 30 | 30 | | emergency; |
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| 31 | 31 | | (2) a description of the circumstances under which a |
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| 32 | 32 | | governmental entity is required to report a public health emergency |
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| 33 | 33 | | to the department; and |
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| 34 | 34 | | (3) the procedures for reporting information about a |
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| 35 | 35 | | public health emergency to designated media outlets in this state. |
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| 36 | 36 | | Sec. 161.704. ALERT APPLICATION. The department may |
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| 37 | 37 | | partner with a nonprofit software developer to develop and maintain |
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| 38 | 38 | | an electronic application to increase the effectiveness, delivery, |
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| 39 | 39 | | and reliability of an alert. The department may not charge a fee |
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| 40 | 40 | | for use of the application developed under this section. |
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| 41 | 41 | | Sec. 161.705. NOTIFICATION TO DEPARTMENT OF PUBLIC HEALTH |
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| 42 | 42 | | EMERGENCY. (a) A governmental entity shall notify the department |
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| 43 | 43 | | of a public health emergency if the department establishes an alert |
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| 44 | 44 | | under this subchapter and the entity: |
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| 45 | 45 | | (1) receives notice of a suspected public health |
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| 46 | 46 | | emergency; |
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| 47 | 47 | | (2) verifies the suspected public health emergency; |
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| 48 | 48 | | and |
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| 49 | 49 | | (3) determines the suspected public health emergency |
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| 50 | 50 | | poses a credible threat to the public's health and safety. |
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| 51 | 51 | | (b) The governmental entity shall, as soon as practicable, |
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| 52 | 52 | | determine whether a suspected public health emergency poses a |
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| 53 | 53 | | credible threat to the public's health and safety for purposes of |
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| 54 | 54 | | Subsection (a)(3). |
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| 55 | 55 | | Sec. 161.706. ACTIVATION OF ALERT. (a) On notification of |
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| 56 | 56 | | a public health emergency by a governmental entity under Section |
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| 57 | 57 | | 161.705, the department shall confirm the accuracy of the |
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| 58 | 58 | | information and, if confirmed, immediately issue an alert under |
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| 59 | 59 | | this subchapter in accordance with department rules. |
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| 60 | 60 | | (b) In issuing the alert, the department shall: |
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| 61 | 61 | | (1) provide the alert by text message and through any |
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| 62 | 62 | | application developed under Section 161.704 to each person in the |
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| 63 | 63 | | area threatened by the public health emergency; and |
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| 64 | 64 | | (2) send the alert to designated media outlets in this |
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| 65 | 65 | | state. |
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| 66 | 66 | | (c) On receipt of an alert under Subsection (b)(2), |
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| 67 | 67 | | participating radio stations, television stations, and other media |
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| 68 | 68 | | outlets may issue the alert at designated intervals to assist in |
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| 69 | 69 | | notifying the public of the public health emergency. |
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| 70 | 70 | | Sec. 161.707. CONTENT OF ALERT. An alert must include all |
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| 71 | 71 | | appropriate information provided by the governmental entity under |
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| 72 | 72 | | Section 161.705 that may assist the public in avoiding illness or |
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| 73 | 73 | | injury during the public health emergency. |
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| 74 | 74 | | Sec. 161.708. TERMINATION OF ALERT. (a) The commissioner |
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| 75 | 75 | | shall terminate any activation of an alert for a public health |
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| 76 | 76 | | emergency not later than the earlier of the date on which: |
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| 77 | 77 | | (1) the public health emergency is resolved; or |
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| 78 | 78 | | (2) the notification period ends, as determined by |
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| 79 | 79 | | department rule. |
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| 80 | 80 | | (b) A governmental entity that provides information to the |
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| 81 | 81 | | department under Section 161.705 shall notify the department as |
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| 82 | 82 | | soon as possible once a public health emergency is resolved. |
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| 83 | 83 | | SECTION 2. This Act takes effect September 1, 2017. |
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