Texas 2021 - 87th Regular

Texas House Bill HB3366 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Klick (Senate Sponsor - Kolkhorst) H.B. No. 3366
2		-	(In the Senate - Received from the House May 10, 2021;
3		-	May 12, 2021, read first time and referred to Committee on Health &
4		-	Human Services; May 21, 2021, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 8, Nays 0;
6		-	May 21, 2021, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR H.B. No. 3366 By: Blanco
	1	+	87R8725 EAS-F
	2	+	By: Klick H.B. No. 3366
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to authorizing the electronic transmission of certain
14	8		communications related to the prevention of communicable diseases.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Subchapter A, Chapter 81, Health and Safety
17	11		Code, is amended by adding Section 81.016 to read as follows:
18		-	Sec. 81.016. E-MAIL DELIVERY. (a) Except as provided by
19		-	Subsection (b), any documents required to be delivered in person or
20		-	sent by registered or certified mail under this chapter may be sent
21		-	by e-mail with a read receipt requested.
22		-	(b) To electronically issue a control measure order under
23		-	this chapter, the department or a health authority, as applicable,
24		-	must obtain the consent of the individual to whom the order is
25		-	issued.
	12	+	Sec. 81.016. E-MAIL DELIVERY. Any documents required to be
	13	+	delivered in person or sent by registered or certified mail under
	14	+	this chapter may be sent by e-mail with a read receipt requested.
26	15		SECTION 2. Sections 81.083(c) and (l), Health and Safety
27	16		Code, are amended to read as follows:
28	17		(c) An order under this section must be in writing and be
29	18		delivered personally, [or] by registered or certified mail, or by
30	19		e-mail with a read receipt requested to the individual or to the
31	20		individual's parent, legal guardian, or managing conservator if the
32	21		individual is a minor.
33	22		(l) An order under Subsection (k) must be in writing and be
34	23		delivered personally, [or] by registered or certified mail, or by
35	24		e-mail with a read receipt requested to each member of the group,
36	25		or the member's parent, legal guardian, or managing conservator if
37	26		the member is a minor. If the name, address, and county of
38	27		residence of any member of the group is unknown at the time the
39	28		order is issued, the department or health authority must publish
40	29		notice in a newspaper of general circulation in the county that
41	30		includes the area of the suspected exposure and any other county in
42	31		which the department or health authority suspects a member of the
43	32		group resides. The notice must contain the following information:
44	33		(1) that the department or health authority has
45	34		reasonable cause to believe that a group of individuals is ill with,
46	35		has been exposed to, or is the carrier of a communicable disease;
47	36		(2) the suspected time and place of exposure to the
48	37		disease;
49	38		(3) a copy of any orders under Subsection (k);
50	39		(4) instructions to an individual to provide the
51	40		individual's name, address, and county of residence to the
52	41		department or health authority if the individual knows or
53	42		reasonably suspects that the individual was at the place of the
54	43		suspected exposure at the time of the suspected exposure;
55	44		(5) that the department or health authority may
56	45		request that an application for court orders under Subchapter G be
57	46		filed for the group, if applicable; and
58	47		(6) that a criminal penalty applies to an individual
59	48		who:
60	49		(A) is a member of the group; and
61	50		(B) knowingly refuses to perform or allow the
62	51		performance of the control measures in the order.
63	52		SECTION 3. Section 81.084(b), Health and Safety Code, is
64	53		amended to read as follows:
65	54		(b) The department or health authority shall send notice of
66	55		its action by registered or certified mail, [or] by personal
67	56		delivery, or by e-mail with a read receipt requested to the person
68	57		who owns or controls the property. If the property is land or a
69	58		structure or an animal or other property on the land, the department
70	59		or health authority shall also post the notice on the land and at a
71	60		place convenient to the public in the county courthouse. If the
72	61		property is infected or contaminated as a result of a public health
73	62		disaster, the department or health authority is not required to
74	63		provide notice under this subsection.
75	64		SECTION 4. Section 81.155(b), Health and Safety Code, is
76	65		amended to read as follows:
77	66		(b) A copy of the application and the written notice shall
78	67		be delivered in person, [or] sent by certified mail, or sent by
79	68		e-mail with a read receipt requested to:
80	69		(1) the person's parent, if the person is a minor;
81	70		(2) the person's appointed guardian, if the person is
82	71		the subject of a guardianship; or
83	72		(3) each managing and possessory conservator, that has
84	73		been appointed for the person.
85	74		SECTION 5. Subchapter G, Chapter 81, Health and Safety
86	75		Code, is amended by adding Section 81.213 to read as follows:
87	76		Sec. 81.213. ELECTRONIC OR FAXED SIGNATURE. For the
88	77		purposes of this subchapter, an electronic signature, as defined by
89	78		Section 166.002, or a faxed signature shall have the same force and
90	79		effect as the use of a manual signature.
91	80		SECTION 6. This Act takes effect September 1, 2021.
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