| 1 | | - | H.B. No. 3704 |
|---|
| 1 | + | By: Thompson of Harris (Senate Sponsor - Zaffirini) H.B. No. 3704 |
|---|
| 2 | + | (In the Senate - Received from the House May 6, 2019; |
|---|
| 3 | + | May 13, 2019, read first time and referred to Committee on Health & |
|---|
| 4 | + | Human Services; May 19, 2019, reported adversely, with favorable |
|---|
| 5 | + | Committee Substitute by the following vote: Yeas 9, Nays 0; |
|---|
| 6 | + | May 19, 2019, sent to printer.) |
|---|
| 7 | + | Click here to see the committee vote |
|---|
| 8 | + | COMMITTEE SUBSTITUTE FOR H.B. No. 3704 By: Perry |
|---|
| 4 | 12 | | AN ACT |
|---|
| 5 | 13 | | relating to certain public health data maintained by the Department |
|---|
| 6 | 14 | | of State Health Services and shared with certain local health |
|---|
| 7 | 15 | | entities. |
|---|
| 8 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 17 | | SECTION 1. Subchapter D, Chapter 1001, Health and Safety |
|---|
| 10 | 18 | | Code, is amended by adding Section 1001.089 to read as follows: |
|---|
| 11 | 19 | | Sec. 1001.089. PUBLIC HEALTH DATA. (a) In this section: |
|---|
| 12 | 20 | | (1) "Essential public health services" has the meaning |
|---|
| 13 | 21 | | assigned by Section 121.002. |
|---|
| 14 | 22 | | (2) "Local public health entity" means a local health |
|---|
| 15 | 23 | | unit, local health department, or public health district. |
|---|
| 16 | 24 | | (b) Notwithstanding Sections 81.103, 82.009, 88.002(b), |
|---|
| 17 | 25 | | 92.006, and 192.002(b), the department may enter into an agreement |
|---|
| 18 | 26 | | with a local public health entity that provides essential public |
|---|
| 19 | 27 | | health services to provide the entity access to: |
|---|
| 20 | 28 | | (1) identified public health data relating to the |
|---|
| 21 | 29 | | entity's jurisdiction and any public health data relating to a |
|---|
| 22 | 30 | | jurisdiction contiguous to the entity; and |
|---|
| 23 | 31 | | (2) deidentified public health data maintained by the |
|---|
| 24 | 32 | | department relating to the jurisdiction of any other local public |
|---|
| 25 | 33 | | health entity. |
|---|
| 26 | 34 | | (c) The public health data obtained through the agreement |
|---|
| 27 | 35 | | may be used only in the provision of essential public health |
|---|
| 28 | 36 | | services. |
|---|
| 29 | 37 | | (d) Access to public health data includes necessary |
|---|
| 30 | 38 | | identified public health data required for an infectious disease |
|---|
| 31 | 39 | | investigation conducted under Chapter 81. |
|---|
| 32 | 40 | | (e) For any public health data request that is not subject |
|---|
| 33 | 41 | | to Subsection (b), (c), or (d) and except as provided by Subsection |
|---|
| 34 | 42 | | (f), the department shall establish a review process for the |
|---|
| 35 | 43 | | consideration of public health data requests relating to essential |
|---|
| 36 | 44 | | public health services or public health research. The process must |
|---|
| 37 | 45 | | evaluate: |
|---|
| 38 | 46 | | (1) the public health benefit and purpose of the |
|---|
| 39 | 47 | | request; |
|---|
| 40 | 48 | | (2) the privacy of the individuals whose data is |
|---|
| 41 | 49 | | requested; |
|---|
| 42 | 50 | | (3) the management of the data by the requestor, |
|---|
| 43 | 51 | | including management of public health data released to the |
|---|
| 44 | 52 | | requestor in previous requests; and |
|---|
| 45 | 53 | | (4) other relevant law. |
|---|
| 46 | 54 | | (f) A local public health entity seeking public health data |
|---|
| 47 | 55 | | for human subject research purposes must submit a request to the |
|---|
| 48 | 56 | | department's institutional review board for review and |
|---|
| 49 | 57 | | consideration. |
|---|
| 50 | 58 | | (g) A local public health entity receiving public health |
|---|
| 51 | 59 | | data from the department under this section shall: |
|---|
| 52 | 60 | | (1) maintain the integrity and security of the data; |
|---|
| 53 | 61 | | and |
|---|
| 54 | 62 | | (2) comply with state and federal privacy laws. |
|---|
| 55 | 63 | | SECTION 2. The executive commissioner of the Health and |
|---|
| 56 | 64 | | Human Services Commission shall adopt rules to implement Section |
|---|
| 57 | 65 | | 1001.089(e), Health and Safety Code, as added by this Act. |
|---|
| 58 | 66 | | SECTION 3. This Act takes effect September 1, 2019. |
|---|
| 59 | | - | ______________________________ ______________________________ |
|---|
| 60 | | - | President of the Senate Speaker of the House |
|---|
| 61 | | - | I certify that H.B. No. 3704 was passed by the House on May 3, |
|---|
| 62 | | - | 2019, by the following vote: Yeas 134, Nays 6, 2 present, not |
|---|
| 63 | | - | voting; and that the House concurred in Senate amendments to H.B. |
|---|
| 64 | | - | No. 3704 on May 24, 2019, by the following vote: Yeas 136, Nays 3, |
|---|
| 65 | | - | 2 present, not voting. |
|---|
| 66 | | - | ______________________________ |
|---|
| 67 | | - | Chief Clerk of the House |
|---|
| 68 | | - | I certify that H.B. No. 3704 was passed by the Senate, with |
|---|
| 69 | | - | amendments, on May 21, 2019, by the following vote: Yeas 30, Nays |
|---|
| 70 | | - | 1. |
|---|
| 71 | | - | ______________________________ |
|---|
| 72 | | - | Secretary of the Senate |
|---|
| 73 | | - | APPROVED: __________________ |
|---|
| 74 | | - | Date |
|---|
| 75 | | - | __________________ |
|---|
| 76 | | - | Governor |
|---|
| 67 | + | * * * * * |
|---|