1 | 1 | | 86R3657 SCL-D |
---|
2 | 2 | | By: Lucio S.B. No. 290 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A BILL TO BE ENTITLED |
---|
6 | 6 | | AN ACT |
---|
7 | 7 | | relating to mosquito control districts established for an urgent |
---|
8 | 8 | | public health purpose. |
---|
9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
10 | 10 | | SECTION 1. Chapter 344, Health and Safety Code, is amended |
---|
11 | 11 | | by designating Sections 344.001 through 344.007 as Subchapter A and |
---|
12 | 12 | | adding a subchapter heading to read as follows: |
---|
13 | 13 | | SUBCHAPTER A. ESTABLISHMENT, OPERATION, AND DISSOLUTION OF |
---|
14 | 14 | | MOSQUITO CONTROL DISTRICTS |
---|
15 | 15 | | SECTION 2. Chapter 344, Health and Safety Code, is amended |
---|
16 | 16 | | by adding Subchapter B to read as follows: |
---|
17 | 17 | | SUBCHAPTER B. ESTABLISHMENT OF MOSQUITO CONTROL DISTRICTS FOR |
---|
18 | 18 | | URGENT PUBLIC HEALTH PURPOSE |
---|
19 | 19 | | Sec. 344.051. DEFINITIONS. In this subchapter: |
---|
20 | 20 | | (1) "Commission" means the Health and Human Services |
---|
21 | 21 | | Commission. |
---|
22 | 22 | | (2) "Executive commissioner" means the executive |
---|
23 | 23 | | commissioner of the Health and Human Services Commission. |
---|
24 | 24 | | Sec. 344.052. LEGISLATIVE FINDINGS. The legislature finds |
---|
25 | 25 | | that: |
---|
26 | 26 | | (1) scientists have concluded the Zika virus is a |
---|
27 | 27 | | cause of microcephaly and other severe fetal brain defects; |
---|
28 | 28 | | (2) the commission has reported that counties in the |
---|
29 | 29 | | Gulf Coast region and on the international border with Mexico are at |
---|
30 | 30 | | the highest risk in this state of developing localized cases of the |
---|
31 | 31 | | Zika virus; |
---|
32 | 32 | | (3) Cameron County, which is located on the |
---|
33 | 33 | | international border with Mexico, has had as of December 2016 at |
---|
34 | 34 | | least five documented cases of locally transmitted Zika virus; |
---|
35 | 35 | | (4) the powers of a mosquito control district may be |
---|
36 | 36 | | effective in combating the increased risk of transmission of the |
---|
37 | 37 | | Zika virus; and |
---|
38 | 38 | | (5) an urgent public health purpose exists for |
---|
39 | 39 | | establishing a mosquito control district in Cameron and Hidalgo |
---|
40 | 40 | | Counties and other high-risk counties to contain, eradicate, and |
---|
41 | 41 | | treat problems associated with communicable diseases, including |
---|
42 | 42 | | the Zika virus, the dengue virus, and the chikungunya virus, that |
---|
43 | 43 | | are carried by mosquitoes. |
---|
44 | 44 | | Sec. 344.053. APPLICABILITY OF SUBCHAPTER. This subchapter |
---|
45 | 45 | | applies only to a county located on the international border with |
---|
46 | 46 | | Mexico: |
---|
47 | 47 | | (1) for which the commission has documented a locally |
---|
48 | 48 | | transmitted case of the Zika virus; or |
---|
49 | 49 | | (2) that is adjacent to a county described by |
---|
50 | 50 | | Subdivision (1). |
---|
51 | 51 | | Sec. 344.054. ESTABLISHMENT. A county may establish an |
---|
52 | 52 | | urgent public health mosquito control district on issuance of an |
---|
53 | 53 | | order by the county judge or commissioners court of the county |
---|
54 | 54 | | stating that an urgent public health purpose requires establishment |
---|
55 | 55 | | of the district and ordering an election under Section 344.001. |
---|
56 | 56 | | Sec. 344.055. DUTIES OF COUNTY ESTABLISHING DISTRICT. A |
---|
57 | 57 | | county that establishes an urgent public health mosquito control |
---|
58 | 58 | | district under this subchapter shall: |
---|
59 | 59 | | (1) conduct surveillance of vectors carrying |
---|
60 | 60 | | communicable disease; |
---|
61 | 61 | | (2) address the capacity of the county public health |
---|
62 | 62 | | infrastructure, including by: |
---|
63 | 63 | | (A) establishing and operating communicable |
---|
64 | 64 | | disease and illness identification laboratories; |
---|
65 | 65 | | (B) training and hiring public health personnel |
---|
66 | 66 | | and research fellows; |
---|
67 | 67 | | (C) matching state, federal, and private |
---|
68 | 68 | | initiatives and efforts aimed at addressing and mitigating health |
---|
69 | 69 | | and environmental conditions that contribute to the breeding, |
---|
70 | 70 | | development, and spread of vectors carrying communicable disease; |
---|
71 | 71 | | (D) testing county residents for communicable |
---|
72 | 72 | | diseases and providing medical treatment to county residents who |
---|
73 | 73 | | have communicable diseases; and |
---|
74 | 74 | | (E) funding prevention measures and initiatives |
---|
75 | 75 | | to protect county residents from vectors carrying communicable |
---|
76 | 76 | | disease; and |
---|
77 | 77 | | (3) address the prevention and spread of vectors |
---|
78 | 78 | | carrying communicable disease by funding efforts to inform people |
---|
79 | 79 | | about the prevention and spread through community campaigns and |
---|
80 | 80 | | regional information efforts. |
---|
81 | 81 | | Sec. 344.056. SPECIAL PUBLIC HEALTH ADVISORY COMMITTEE. |
---|
82 | 82 | | (a) In this section, "committee" means the special public health |
---|
83 | 83 | | advisory committee established under this section. |
---|
84 | 84 | | (b) Notwithstanding Section 344.004, the commissioners |
---|
85 | 85 | | court of a county that establishes an urgent public health mosquito |
---|
86 | 86 | | control district under this subchapter shall establish a special |
---|
87 | 87 | | public health advisory committee. |
---|
88 | 88 | | (c) The commissioners court shall appoint seven members to |
---|
89 | 89 | | the committee as follows: |
---|
90 | 90 | | (1) one member who is the county public health |
---|
91 | 91 | | administrator; |
---|
92 | 92 | | (2) three members who are public health administrators |
---|
93 | 93 | | at the executive director level in the most populated |
---|
94 | 94 | | municipalities in the county; and |
---|
95 | 95 | | (3) three members who are property taxpaying voters of |
---|
96 | 96 | | the county. |
---|
97 | 97 | | (d) The executive commissioner shall appoint one delegate |
---|
98 | 98 | | to serve as a nonvoting, ex officio member of the committee. |
---|
99 | 99 | | (e) The county judge shall designate one committee member |
---|
100 | 100 | | appointed under Subsection (c) as the presiding officer of the |
---|
101 | 101 | | committee. The committee meets at the call of the presiding |
---|
102 | 102 | | officer. |
---|
103 | 103 | | (f) A committee member serves without compensation. |
---|
104 | 104 | | (g) A committee member must take an oath of office |
---|
105 | 105 | | prescribed by the commissioners court. |
---|
106 | 106 | | (h) The committee shall: |
---|
107 | 107 | | (1) make written recommendations to the commissioners |
---|
108 | 108 | | court that the committee considers necessary to: |
---|
109 | 109 | | (A) address the urgent public health purpose of |
---|
110 | 110 | | the mosquito control district established under this subchapter; |
---|
111 | 111 | | and |
---|
112 | 112 | | (B) implement the district's duties; and |
---|
113 | 113 | | (2) perform any other duty assigned to the committee |
---|
114 | 114 | | by the commissioners court. |
---|
115 | 115 | | Sec. 344.057. MOSQUITO CONTROL PERSONNEL. The |
---|
116 | 116 | | commissioners court of a county that establishes an urgent public |
---|
117 | 117 | | health mosquito control district under this subchapter may appoint: |
---|
118 | 118 | | (1) a mosquito control engineer as provided by Section |
---|
119 | 119 | | 344.005; or |
---|
120 | 120 | | (2) any other public health professional the |
---|
121 | 121 | | commissioners court determines is necessary to carry out the duties |
---|
122 | 122 | | of the district and to address the recommendations of the special |
---|
123 | 123 | | public health advisory committee established under Section |
---|
124 | 124 | | 344.056. |
---|
125 | 125 | | SECTION 3. This Act takes effect immediately if it receives |
---|
126 | 126 | | a vote of two-thirds of all the members elected to each house, as |
---|
127 | 127 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
128 | 128 | | Act does not receive the vote necessary for immediate effect, this |
---|
129 | 129 | | Act takes effect September 1, 2019. |
---|