By: Thompson of Harris (Senate Sponsor - Zaffirini) H.B. No. 3704
(In the Senate - Received from the House May 6, 2019;
May 13, 2019, read first time and referred to Committee on Health &
Human Services; May 19, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 19, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 3704 By: Perry
A BILL TO BE ENTITLED
AN ACT
relating to certain public health data maintained by the Department
of State Health Services and shared with certain local health
entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 1001, Health and Safety
Code, is amended by adding Section 1001.089 to read as follows:
Sec. 1001.089. PUBLIC HEALTH DATA. (a) In this section:
(1) "Essential public health services" has the meaning
assigned by Section 121.002.
(2) "Local public health entity" means a local health
unit, local health department, or public health district.
(b) Notwithstanding Sections 81.103, 82.009, 88.002(b),
92.006, and 192.002(b), the department may enter into an agreement
with a local public health entity that provides essential public
health services to provide the entity access to:
(1) identified public health data relating to the
entity's jurisdiction and any public health data relating to a
jurisdiction contiguous to the entity; and
(2) deidentified public health data maintained by the
department relating to the jurisdiction of any other local public
health entity.
(c) The public health data obtained through the agreement
may be used only in the provision of essential public health
services.
(d) Access to public health data includes necessary
identified public health data required for an infectious disease
investigation conducted under Chapter 81.
(e) For any public health data request that is not subject
to Subsection (b), (c), or (d) and except as provided by Subsection
(f), the department shall establish a review process for the
consideration of public health data requests relating to essential
public health services or public health research. The process must
evaluate:
(1) the public health benefit and purpose of the
request;
(2) the privacy of the individuals whose data is
requested;
(3) the management of the data by the requestor,
including management of public health data released to the
requestor in previous requests; and
(4) other relevant law.
(f) A local public health entity seeking public health data
for human subject research purposes must submit a request to the
department's institutional review board for review and
consideration.
(g) A local public health entity receiving public health
data from the department under this section shall:
(1) maintain the integrity and security of the data;
and
(2) comply with state and federal privacy laws.
SECTION 2. The executive commissioner of the Health and
Human Services Commission shall adopt rules to implement Section
1001.089(e), Health and Safety Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2019.
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