By: Gutierrez, Alvarado S.B. No. 1788
A BILL TO BE ENTITLED
AN ACT
relating to the distribution of emergency health resources by the
state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 161, Health and Safety Code, Subchapter
A is amended by adding Section 161.0110 to read as follows:
Sec. 161.0110. PANDEMIC VACCINE DISTRIBUTION. (a) The
state shall proportionally distribute to designated providers in
each county in the state any vaccine or immunizing agent received or
manufactured for the purpose of responding to a pandemic, state
epidemic, or public health disaster under Section 81.003, Health
and Safety Code, based on:
(1) the county population size;
(2) the percentage of the county population currently
infected compared to the state population currently infected; and
(3) the percentage of the county population who has
died as a direct or in-direct result of the disease compared to the
total number of people in the state who have died as a direct or
in-direct result of the disease.
(b) If the state has a limited supply of vaccines or
immunizing agents for distribution or has received an additional
supply of vaccines or immunizing agents for distribution and has
given priority designation to specific professions or groups of
people to receive the vaccine or immunizing agent, the state shall
distribute the vaccines or immunizing agents proportionally based
on:
(1) the county population size;
(2) the percentage of the county population receiving
priority designation by the state compared to the total state
population receiving priority designation by the state;
(3) the percentage of the county population currently
infected compared to the state population currently infected; and
(4) the percentage of the county population who has
died as a direct or in-direct result of the disease compared to the
total number of people in the state who have died as a direct or
in-direct result of the disease.
(c) Sections (a-b) only apply to counties that are located
in an area with a declared disaster under Section 418.014, 418.108,
Government Code, as a result of a pandemic, state epidemic, or
public health disaster under Section 81.003, Health and Safety
Code,.
SECTION 2. Section 418.017, Government Code, is amended by
adding subsections (d-f) to read as follows:
Sec. 418.017 USE OF PUBLIC AND PRIVATE RESOURCES. (a) The
governor may use all available resources of state government and of
political subdivisions that are reasonably necessary to cope with a
disaster.
(b) The governor may temporarily reassign resources,
personnel, or functions of state executive departments and agencies
or their units for the purpose of performing or facilitating
emergency services.
(c) The governor may commandeer or use any private property
if the governor finds it necessary to cope with a disaster, subject
to the compensation requirements of this chapter.
(d) Any personal protective equipment, sanitation equipment
or any other public or private resource designated for responding
to a pandemic, state epidemic or public health disaster under
Section 81.003, Health and Safety Code, must be proportionately
distributed to each county based on:
(1) the county population size;
(2) the percentage of the county population currently
infected compared to the state population currently infected; and
(3) the percentage of the county population who has
died as a direct or in-direct result of the disease compared to the
total number of people in the state who have died as a direct or
in-direct result of the disease.
(e) If the state has a limited supply or an additional
supply of personal protective equipment, sanitation equipment or
any other public or private resource designated for responding to a
pandemic, state epidemic or public health disaster under Section
81.003, Health and Safety Code, and has given priority designation
to specific professions or groups of people to receive designated
resources, the state must proportionately distributed resources to
each county based on:
(1) the county population size;
(2) the percentage of the county population receiving
priority designation by the state compared to the total state
population receiving priority designation by the state;
(3) the percentage of the county population currently
infected compared to the state population currently infected; and
(4) the percentage of the county population who has
died as a direct or in-direct result of the disease compared to the
total number of people in the state who have died as a direct or
in-direct result of the disease.
(f) Sections (d-e) only apply to counties that are located
in an area with a declared disaster under Section 418.014, 418.108,
as a result of a pandemic, state epidemic, or health crisis.
Section 3. This act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.