87R3364 SCL-D
By: Patterson H.B. No. 888
A BILL TO BE ENTITLED
AN ACT
relating to regulation of contact tracing for communicable
diseases; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 81, Health and Safety Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. CONTACT TRACING
Sec. 81.451. DEFINITIONS. In this subchapter:
(1) "Contact" means an individual who is known to have
associated with an infected individual and who has the opportunity
to become infected.
(2) "Contact data" means information collected
through contact tracing. The term includes names or medical,
epidemiological, individual mobility, or other data.
(3) "Contact tracer" means a person employed,
contracted, or engaged by the department or a health authority to
conduct contact tracing.
(4) "Contact tracing" means identifying individuals
who may have been exposed to an infected individual for the purpose
of containing the spread of a communicable disease by notifying a
contact of the exposure and need for testing and self-quarantine.
(5) "Infected individual" means an individual known or
reasonably suspected to be infected with a communicable disease.
Sec. 81.452. APPLICABILITY OF SUBCHAPTER. This subchapter
does not apply to a law enforcement agency or peace officer.
Sec. 81.453. CONTACT TRACING RESTRICTION. This state, a
political subdivision of this state, or an agent of this state or of
a political subdivision of this state may conduct contact tracing
only in accordance with this subchapter.
Sec. 81.454. AUTHORIZED CONTACT TRACER SERVICES. Subject
to the availability of funds, the department or a health authority
may employ, contract for, or engage the services of contact tracers
if the department or health authority determines that contact
tracing is necessary to perform a public health duty required by
law.
Sec. 81.455. CONTACT TRACER QUALIFICATION AND TRAINING
REQUIREMENTS. (a) The executive commissioner by rule shall
prescribe qualification and training requirements for contact
tracers to ensure contact tracers comply with this subchapter.
(b) A contact tracer may not conduct contact tracing under
this subchapter unless the contact tracer satisfies the
qualification and training requirements prescribed by department
rule.
Sec. 81.456. CONTACT TRACER AFFIDAVIT. (a) Before
collecting any contact data, a contact tracer shall execute a sworn
affidavit in the form prescribed by the department acknowledging
the contact tracer's familiarity with the requirements of this
subchapter, including confidentiality.
(b) The department or a health authority employing,
contracting with, or engaging the services of a contact tracer
shall maintain a copy of the contact tracer's affidavit until the
later of:
(1) the first anniversary of the date the contact
tracer's duties end; or
(2) the date the retention period for the affidavit
expires under an applicable records retention schedule.
Sec. 81.457. CONTACT DATA CONFIDENTIALITY AND SCOPE. (a) A
contact tracer may not disclose to a contact the identity of an
infected individual.
(b) A contact tracer may collect only contact data
specifically authorized by department rule.
(c) The department, a health authority, or a contact tracer
may not produce contact data under a subpoena unless the subpoena
is:
(1) issued by a court; and
(2) accompanied by a valid protective order preventing
further disclosure of the data.
(d) The department, a health authority, or a contact tracer:
(1) shall use contact data for contact tracing
purposes only and is prohibited from using the contact data for any
other purpose;
(2) shall ensure the contact data remains
confidential;
(3) may not release or disclose the contact data
unless the release or disclosure:
(A) is necessary to conduct contact tracing; and
(B) complies with the requirements of Section
81.046; and
(4) shall ensure the contact data is safely and
securely destroyed in accordance with department rule when the
contact data is no longer necessary for contact tracing.
(e) Contact data collected under this subchapter is
confidential and not subject to disclosure under Chapter 552,
Government Code.
Sec. 81.458. CONTACT TRACING PARTICIPATION. (a) The
department, a health authority, or a contact tracer may not require
an individual to participate in contact tracing or prohibit an
individual from participating in contact tracing.
(b) A contact or infected individual who in good faith
discloses to a contact tracer information requested by the contact
tracer in accordance with this subchapter is not criminally or
civilly liable for the disclosure.
(c) A contact or infected individual who fails to
participate in contact tracing is not criminally or civilly liable
for the failure to participate.
Sec. 81.459. CONTACT TRACING PROHIBITIONS AND
REQUIREMENTS. (a) Except as provided by Subsection (b), the
department, a health authority, or a contact tracer may not use
location data obtained from a cell phone, or other device through
which personal wireless services are transmitted, to identify or
track directly or indirectly the movement of individuals for
contact tracing purposes.
(b) An individual may voluntarily elect to authorize the
department, a health authority, or a contact tracer to utilize the
individual's location data for contact tracing purposes.
(c) A contact tracer may not require a third party to
collect or maintain location data regarding contacts or infected
individuals for contact tracing purposes.
(d) Except as provided by Subsection (e), a contact tracer
may not obtain contact data related to a contact or infected
individual from a third party.
(e) A contact tracer may obtain contact data voluntarily
collected and maintained by a third party only if:
(1) the third party provides the data to the contact
tracer voluntarily and with the consent of the infected individual
or contact whose information is disclosed; or
(2) the data is provided pursuant to a valid warrant.
Sec. 81.460. PROTECTION OF CONTACT DATA REQUIRED. (a) The
department or a health authority shall implement and maintain
reasonable procedures, including any appropriate corrective
action, to protect from unlawful use or disclosure any contact data
collected or maintained by the department or health authority under
this subchapter.
(b) The department or a health authority shall destroy or
arrange for the destruction of contact data the department or
health authority is not required to retain that is within the
department's or health authority's custody or control by shredding,
erasing, or otherwise modifying the contact data to ensure it is
unreadable or indecipherable through any means.
Sec. 81.461. CONTACT TRACER TORT CLAIMS. A contact tracer
employed by, contracted by, or otherwise providing services to the
department or a health authority is considered an employee of the
department or political subdivision that appointed the health
authority, as applicable, for purposes of Chapter 101, Civil
Practice and Remedies Code.
Sec. 81.462. INJUNCTION. A person may bring a civil action
to enjoin a violation of this subchapter.
Sec. 81.463. OFFENSE. (a) A person commits an offense if
the person knowingly violates this subchapter.
(b) An offense under Subsection (a) is a Class C
misdemeanor.
Sec. 81.464. CUMULATIVE REMEDIES. The actions and remedies
provided by this subchapter are not exclusive and are in addition to
any other action or remedy provided by law.
Sec. 81.465. RULES. The executive commissioner shall adopt
rules necessary to implement this subchapter.
SECTION 2. (a) Not later than January 1, 2022, the executive
commissioner of the Health and Human Services Commission shall
adopt rules necessary to implement Subchapter K, Chapter 81, Health
and Safety Code, as added by this Act.
(b) Notwithstanding Section 81.455, Health and Safety Code,
as added by this Act, and until the executive commissioner of the
Health and Human Services Commission adopts rules under Subsection
(a) of this section, the Department of State Health Services or a
health authority may employ, contract with, or engage the services
of a contact tracer if the contact tracer:
(1) is under the supervision of the department or
health authority, as applicable; and
(2) otherwise complies with Subchapter K, Chapter 81,
Health and Safety Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2021.