Texas 2021 - 87th Regular

Texas House Bill HB2760 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R8402 JG-F
2	2	By: White H.B. No. 2760
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the right to choose and refuse medical treatment and
8	8	control measures and to the imposition of isolation or quarantine
9	9	control measures.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 81.009, Health and Safety
12	12	Code, is amended to read as follows:
13	13	Sec. 81.009. EXEMPTION FROM MEDICAL TREATMENT; RIGHT TO
14	14	CHOOSE OR REFUSE MEDICAL TREATMENT AND CONTROL MEASURES.
15	15	SECTION 2. Section 81.009, Health and Safety Code, is
16	16	amended by amending Subsection (a) and adding Subsection (c) to
17	17	read as follows:
18	18	(a) This chapter does not authorize or require the medical
19	19	treatment of an individual who chooses treatment by prayer or
20	20	spiritual means [as part of the tenets and practices of a recognized
21	21	church of which the individual is an adherent or member]. However,
22	22	the individual may be isolated or quarantined from the public [in an
23	23	appropriate facility] and shall obey the rules, orders, and
24	24	instructions of the department or health authority while in
25	25	isolation or quarantine.
26	26	(c) Notwithstanding other law, an individual retains the
27	27	right to choose and make decisions regarding the medical treatment
28	28	provided to the individual or the individual's child and the right
29	29	to refuse:
30	30	(1) a medical treatment or procedure;
31	31	(2) a medical test;
32	32	(3) a physical or mental examination;
33	33	(4) an immunization;
34	34	(5) an experimental procedure or protocol;
35	35	(6) the collection of a specimen;
36	36	(7) participation in a tracking or tracing program;
37	37	(8) participation in wearing a medical or other
38	38	protective device;
39	39	(9) participation in maintaining a measured distance
40	40	from other individuals or animals, unless the distance is required
41	41	by law or under a court order unrelated to this chapter; and
42	42	(10) involuntary disclosure of personal data or
43	43	medical information.
44	44	SECTION 3. Subchapter E, Chapter 81, Health and Safety
45	45	Code, is amended by adding Section 81.0825 to read as follows:
46	46	Sec. 81.0825. REQUIREMENTS FOR IMPOSITION OF CONTROL
47	47	MEASURES INVOLVING ISOLATION OR QUARANTINE FOR INDIVIDUAL OR GROUP.
48	48	(a) Before ordering an individual or a group of individuals to
49	49	implement control measures under Section 81.083 or 81.085 that
50	50	involve isolation or quarantine, the department or a health
51	51	authority must:
52	52	(1) provide notice of the control measures to the
53	53	individual or group of individuals;
54	54	(2) provide to the individual or group of individuals
55	55	an opportunity to demonstrate that the implementation of control
56	56	measures is not necessary; and
57	57	(3) obtain from a district court in a county in which
58	58	the individual or group of individuals resides, is located, or is
59	59	receiving court-ordered health services a court order authorizing
60	60	the department or health authority to order the individual or group
61	61	of individuals to implement control measures.
62	62	(b) To obtain a court order under Subsection (a)(3), the
63	63	department or health authority must demonstrate to the court by
64	64	clear and convincing evidence that the individual or group of
65	65	individuals is infected with or is reasonably suspected of being
66	66	infected with a communicable disease that presents a threat to
67	67	public health. The department or health authority must submit to
68	68	the court any evidence the individual or group provides to the
69	69	department or health authority under Subsection (a)(2).
70	70	(c) In ordering an individual or group of individuals to
71	71	implement control measures under Section 81.083 or 81.085 that
72	72	involve isolation or quarantine, the department or a health
73	73	authority to the greatest extent possible must:
74	74	(1) use the least restrictive means available; and
75	75	(2) allow an individual to isolate or quarantine in
76	76	the individual's home or with a family member, a friend, or another
77	77	individual with whom the individual is involved in a romantic
78	78	relationship.
79	79	SECTION 4. Sections 81.083(b) and (k), Health and Safety
80	80	Code, are amended to read as follows:
81	81	(b) If the department or a health authority has reasonable
82	82	cause to believe that an individual is ill with, has been exposed
83	83	to, or is the carrier of a communicable disease, the department or
84	84	health authority may, subject to Section 81.0825, order the
85	85	individual, or the individual's parent, legal guardian, or managing
86	86	conservator if the individual is a minor, to implement control
87	87	measures that are reasonable and necessary to prevent the
88	88	introduction, transmission, and spread of the disease in this
89	89	state.
90	90	(k) If the department or a health authority has reasonable
91	91	cause to believe that a group of five or more individuals has been
92	92	exposed to or infected with a communicable disease, the department
93	93	or health authority may, subject to Section 81.0825, order the
94	94	members of the group to implement control measures that are
95	95	reasonable and necessary to prevent the introduction,
96	96	transmission, and spread of the disease in this state. If the
97	97	department or health authority adopts control measures under this
98	98	subsection, each member of the group is subject to the requirements
99	99	of this section.
100	100	SECTION 5. Sections 81.085(a) and (c), Health and Safety
101	101	Code, are amended to read as follows:
102	102	(a) If an outbreak of communicable disease occurs in this
103	103	state, the commissioner or one or more health authorities may,
104	104	subject to Section 81.0825, impose an area quarantine coextensive
105	105	with the area affected. The commissioner may impose an area
106	106	quarantine, if the commissioner has reasonable cause to believe
107	107	that individuals or property in the area may be infected or
108	108	contaminated with a communicable disease, for the period necessary
109	109	to determine whether an outbreak of communicable disease has
110	110	occurred. A health authority may impose the quarantine only within
111	111	the boundaries of the health authority's jurisdiction.
112	112	(c) The department may, subject to Section 81.0825, impose
113	113	additional disease control measures in a quarantine area that the
114	114	department considers necessary and most appropriate to arrest,
115	115	control, and eradicate the threat to the public health. Absent
116	116	preemptive action by the department under this chapter or by the
117	117	governor under Chapter 418, Government Code (Texas Disaster Act of
118	118	1975), a health authority may impose in a quarantine area under the
119	119	authority's jurisdiction additional disease control measures that
120	120	the health authority considers necessary and most appropriate to
121	121	arrest, control, and eradicate the threat to the public health.
122	122	SECTION 6. Section 81.009(b), Health and Safety Code, is
123	123	repealed.
124	124	SECTION 7. This Act takes effect September 1, 2021.