| 1 | 1 | | By: Slaton H.B. No. 4197 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to limitations on public health directives issued during a |
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| 7 | 7 | | state of disaster or outbreak of a communicable disease. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 418, Government Code, is |
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| 10 | 10 | | amended by adding Section 418.0165 to read as follows: |
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| 11 | 11 | | Sec. 418.0165. PUBLIC HEALTH DIRECTIVES. During a state of |
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| 12 | 12 | | disaster declared by the governor, if the governor issues a public |
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| 13 | 13 | | health directive as the governor determines necessary to address |
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| 14 | 14 | | the disaster, the directive must not be more stringent than any |
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| 15 | 15 | | public health directive for undocumented immigrants issued by |
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| 16 | 16 | | United States Immigration and Customs Enforcement. |
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| 17 | 17 | | SECTION 2. Subchapter A, Chapter 81, Health and Safety |
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| 18 | 18 | | Code, is amended by adding Section 81.016 to read as follows: |
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| 19 | 19 | | Sec. 81.016. PUBLIC HEALTH DIRECTIVES. If the department |
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| 20 | 20 | | or a health authority issues a public health directive under this |
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| 21 | 21 | | chapter as the department or health authority determines necessary |
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| 22 | 22 | | to address an outbreak of a communicable disease or public health |
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| 23 | 23 | | disaster, the directive may not be more stringent than any public |
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| 24 | 24 | | health directive for undocumented immigrants issued by United |
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| 25 | 25 | | States Immigration and Customs Enforcement. |
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| 26 | 26 | | SECTION 3. The changes in law made by this Act apply only to |
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| 27 | 27 | | a directive issued on or after the effective date of this Act. |
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| 28 | 28 | | SECTION 4. EFFECTIVE DATE. This Act takes effect |
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| 29 | 29 | | immediately if it receives a vote of two-thirds of all the members |
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| 30 | 30 | | elected to each house, as provided by Section 39, Article III, Texas |
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| 31 | 31 | | Constitution. If this Act does not receive the vote necessary for |
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| 32 | 32 | | immediate effect, this Act takes effect September 1, 2021. |
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