Texas 2021 - 87th Regular

Texas House Bill HB888 Compare Versions

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

Old	New	Differences
1	1	87R3364 SCL-D
2	2	By: Patterson H.B. No. 888
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to regulation of contact tracing for communicable
8	8	diseases; creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 81, Health and Safety Code, is amended by
11	11	adding Subchapter K to read as follows:
12	12	SUBCHAPTER K. CONTACT TRACING
13	13	Sec. 81.451. DEFINITIONS. In this subchapter:
14	14	(1) "Contact" means an individual who is known to have
15	15	associated with an infected individual and who has the opportunity
16	16	to become infected.
17	17	(2) "Contact data" means information collected
18	18	through contact tracing. The term includes names or medical,
19	19	epidemiological, individual mobility, or other data.
20	20	(3) "Contact tracer" means a person employed,
21	21	contracted, or engaged by the department or a health authority to
22	22	conduct contact tracing.
23	23	(4) "Contact tracing" means identifying individuals
24	24	who may have been exposed to an infected individual for the purpose
25	25	of containing the spread of a communicable disease by notifying a
26	26	contact of the exposure and need for testing and self-quarantine.
27	27	(5) "Infected individual" means an individual known or
28	28	reasonably suspected to be infected with a communicable disease.
29	29	Sec. 81.452. APPLICABILITY OF SUBCHAPTER. This subchapter
30	30	does not apply to a law enforcement agency or peace officer.
31	31	Sec. 81.453. CONTACT TRACING RESTRICTION. This state, a
32	32	political subdivision of this state, or an agent of this state or of
33	33	a political subdivision of this state may conduct contact tracing
34	34	only in accordance with this subchapter.
35	35	Sec. 81.454. AUTHORIZED CONTACT TRACER SERVICES. Subject
36	36	to the availability of funds, the department or a health authority
37	37	may employ, contract for, or engage the services of contact tracers
38	38	if the department or health authority determines that contact
39	39	tracing is necessary to perform a public health duty required by
40	40	law.
41	41	Sec. 81.455. CONTACT TRACER QUALIFICATION AND TRAINING
42	42	REQUIREMENTS. (a) The executive commissioner by rule shall
43	43	prescribe qualification and training requirements for contact
44	44	tracers to ensure contact tracers comply with this subchapter.
45	45	(b) A contact tracer may not conduct contact tracing under
46	46	this subchapter unless the contact tracer satisfies the
47	47	qualification and training requirements prescribed by department
48	48	rule.
49	49	Sec. 81.456. CONTACT TRACER AFFIDAVIT. (a) Before
50	50	collecting any contact data, a contact tracer shall execute a sworn
51	51	affidavit in the form prescribed by the department acknowledging
52	52	the contact tracer's familiarity with the requirements of this
53	53	subchapter, including confidentiality.
54	54	(b) The department or a health authority employing,
55	55	contracting with, or engaging the services of a contact tracer
56	56	shall maintain a copy of the contact tracer's affidavit until the
57	57	later of:
58	58	(1) the first anniversary of the date the contact
59	59	tracer's duties end; or
60	60	(2) the date the retention period for the affidavit
61	61	expires under an applicable records retention schedule.
62	62	Sec. 81.457. CONTACT DATA CONFIDENTIALITY AND SCOPE. (a) A
63	63	contact tracer may not disclose to a contact the identity of an
64	64	infected individual.
65	65	(b) A contact tracer may collect only contact data
66	66	specifically authorized by department rule.
67	67	(c) The department, a health authority, or a contact tracer
68	68	may not produce contact data under a subpoena unless the subpoena
69	69	is:
70	70	(1) issued by a court; and
71	71	(2) accompanied by a valid protective order preventing
72	72	further disclosure of the data.
73	73	(d) The department, a health authority, or a contact tracer:
74	74	(1) shall use contact data for contact tracing
75	75	purposes only and is prohibited from using the contact data for any
76	76	other purpose;
77	77	(2) shall ensure the contact data remains
78	78	confidential;
79	79	(3) may not release or disclose the contact data
80	80	unless the release or disclosure:
81	81	(A) is necessary to conduct contact tracing; and
82	82	(B) complies with the requirements of Section
83	83	81.046; and
84	84	(4) shall ensure the contact data is safely and
85	85	securely destroyed in accordance with department rule when the
86	86	contact data is no longer necessary for contact tracing.
87	87	(e) Contact data collected under this subchapter is
88	88	confidential and not subject to disclosure under Chapter 552,
89	89	Government Code.
90	90	Sec. 81.458. CONTACT TRACING PARTICIPATION. (a) The
91	91	department, a health authority, or a contact tracer may not require
92	92	an individual to participate in contact tracing or prohibit an
93	93	individual from participating in contact tracing.
94	94	(b) A contact or infected individual who in good faith
95	95	discloses to a contact tracer information requested by the contact
96	96	tracer in accordance with this subchapter is not criminally or
97	97	civilly liable for the disclosure.
98	98	(c) A contact or infected individual who fails to
99	99	participate in contact tracing is not criminally or civilly liable
100	100	for the failure to participate.
101	101	Sec. 81.459. CONTACT TRACING PROHIBITIONS AND
102	102	REQUIREMENTS. (a) Except as provided by Subsection (b), the
103	103	department, a health authority, or a contact tracer may not use
104	104	location data obtained from a cell phone, or other device through
105	105	which personal wireless services are transmitted, to identify or
106	106	track directly or indirectly the movement of individuals for
107	107	contact tracing purposes.
108	108	(b) An individual may voluntarily elect to authorize the
109	109	department, a health authority, or a contact tracer to utilize the
110	110	individual's location data for contact tracing purposes.
111	111	(c) A contact tracer may not require a third party to
112	112	collect or maintain location data regarding contacts or infected
113	113	individuals for contact tracing purposes.
114	114	(d) Except as provided by Subsection (e), a contact tracer
115	115	may not obtain contact data related to a contact or infected
116	116	individual from a third party.
117	117	(e) A contact tracer may obtain contact data voluntarily
118	118	collected and maintained by a third party only if:
119	119	(1) the third party provides the data to the contact
120	120	tracer voluntarily and with the consent of the infected individual
121	121	or contact whose information is disclosed; or
122	122	(2) the data is provided pursuant to a valid warrant.
123	123	Sec. 81.460. PROTECTION OF CONTACT DATA REQUIRED. (a) The
124	124	department or a health authority shall implement and maintain
125	125	reasonable procedures, including any appropriate corrective
126	126	action, to protect from unlawful use or disclosure any contact data
127	127	collected or maintained by the department or health authority under
128	128	this subchapter.
129	129	(b) The department or a health authority shall destroy or
130	130	arrange for the destruction of contact data the department or
131	131	health authority is not required to retain that is within the
132	132	department's or health authority's custody or control by shredding,
133	133	erasing, or otherwise modifying the contact data to ensure it is
134	134	unreadable or indecipherable through any means.
135	135	Sec. 81.461. CONTACT TRACER TORT CLAIMS. A contact tracer
136	136	employed by, contracted by, or otherwise providing services to the
137	137	department or a health authority is considered an employee of the
138	138	department or political subdivision that appointed the health
139	139	authority, as applicable, for purposes of Chapter 101, Civil
140	140	Practice and Remedies Code.
141	141	Sec. 81.462. INJUNCTION. A person may bring a civil action
142	142	to enjoin a violation of this subchapter.
143	143	Sec. 81.463. OFFENSE. (a) A person commits an offense if
144	144	the person knowingly violates this subchapter.
145	145	(b) An offense under Subsection (a) is a Class C
146	146	misdemeanor.
147	147	Sec. 81.464. CUMULATIVE REMEDIES. The actions and remedies
148	148	provided by this subchapter are not exclusive and are in addition to
149	149	any other action or remedy provided by law.
150	150	Sec. 81.465. RULES. The executive commissioner shall adopt
151	151	rules necessary to implement this subchapter.
152	152	SECTION 2. (a) Not later than January 1, 2022, the executive
153	153	commissioner of the Health and Human Services Commission shall
154	154	adopt rules necessary to implement Subchapter K, Chapter 81, Health
155	155	and Safety Code, as added by this Act.
156	156	(b) Notwithstanding Section 81.455, Health and Safety Code,
157	157	as added by this Act, and until the executive commissioner of the
158	158	Health and Human Services Commission adopts rules under Subsection
159	159	(a) of this section, the Department of State Health Services or a
160	160	health authority may employ, contract with, or engage the services
161	161	of a contact tracer if the contact tracer:
162	162	(1) is under the supervision of the department or
163	163	health authority, as applicable; and
164	164	(2) otherwise complies with Subchapter K, Chapter 81,
165	165	Health and Safety Code, as added by this Act.
166	166	SECTION 3. This Act takes effect September 1, 2021.