Texas 2021 - 87th Regular

Texas Senate Bill SB1788 Compare Versions

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

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1	1	By: Gutierrez, Alvarado S.B. No. 1788
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the distribution of emergency health resources by the
7	7	state.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 161, Health and Safety Code, Subchapter
10	10	A is amended by adding Section 161.0110 to read as follows:
11	11	Sec. 161.0110. PANDEMIC VACCINE DISTRIBUTION. (a) The
12	12	state shall proportionally distribute to designated providers in
13	13	each county in the state any vaccine or immunizing agent received or
14	14	manufactured for the purpose of responding to a pandemic, state
15	15	epidemic, or public health disaster under Section 81.003, Health
16	16	and Safety Code, based on:
17	17	(1) the county population size;
18	18	(2) the percentage of the county population currently
19	19	infected compared to the state population currently infected; and
20	20	(3) the percentage of the county population who has
21	21	died as a direct or in-direct result of the disease compared to the
22	22	total number of people in the state who have died as a direct or
23	23	in-direct result of the disease.
24	24	(b) If the state has a limited supply of vaccines or
25	25	immunizing agents for distribution or has received an additional
26	26	supply of vaccines or immunizing agents for distribution and has
27	27	given priority designation to specific professions or groups of
28	28	people to receive the vaccine or immunizing agent, the state shall
29	29	distribute the vaccines or immunizing agents proportionally based
30	30	on:
31	31	(1) the county population size;
32	32	(2) the percentage of the county population receiving
33	33	priority designation by the state compared to the total state
34	34	population receiving priority designation by the state;
35	35	(3) the percentage of the county population currently
36	36	infected compared to the state population currently infected; and
37	37	(4) the percentage of the county population who has
38	38	died as a direct or in-direct result of the disease compared to the
39	39	total number of people in the state who have died as a direct or
40	40	in-direct result of the disease.
41	41	(c) Sections (a-b) only apply to counties that are located
42	42	in an area with a declared disaster under Section 418.014, 418.108,
43	43	Government Code, as a result of a pandemic, state epidemic, or
44	44	public health disaster under Section 81.003, Health and Safety
45	45	Code,.
46	46	SECTION 2. Section 418.017, Government Code, is amended by
47	47	adding subsections (d-f) to read as follows:
48	48	Sec. 418.017 USE OF PUBLIC AND PRIVATE RESOURCES. (a) The
49	49	governor may use all available resources of state government and of
50	50	political subdivisions that are reasonably necessary to cope with a
51	51	disaster.
52	52	(b) The governor may temporarily reassign resources,
53	53	personnel, or functions of state executive departments and agencies
54	54	or their units for the purpose of performing or facilitating
55	55	emergency services.
56	56	(c) The governor may commandeer or use any private property
57	57	if the governor finds it necessary to cope with a disaster, subject
58	58	to the compensation requirements of this chapter.
59	59	(d) Any personal protective equipment, sanitation equipment
60	60	or any other public or private resource designated for responding
61	61	to a pandemic, state epidemic or public health disaster under
62	62	Section 81.003, Health and Safety Code, must be proportionately
63	63	distributed to each county based on:
64	64	(1) the county population size;
65	65	(2) the percentage of the county population currently
66	66	infected compared to the state population currently infected; and
67	67	(3) the percentage of the county population who has
68	68	died as a direct or in-direct result of the disease compared to the
69	69	total number of people in the state who have died as a direct or
70	70	in-direct result of the disease.
71	71	(e) If the state has a limited supply or an additional
72	72	supply of personal protective equipment, sanitation equipment or
73	73	any other public or private resource designated for responding to a
74	74	pandemic, state epidemic or public health disaster under Section
75	75	81.003, Health and Safety Code, and has given priority designation
76	76	to specific professions or groups of people to receive designated
77	77	resources, the state must proportionately distributed resources to
78	78	each county based on:
79	79	(1) the county population size;
80	80	(2) the percentage of the county population receiving
81	81	priority designation by the state compared to the total state
82	82	population receiving priority designation by the state;
83	83	(3) the percentage of the county population currently
84	84	infected compared to the state population currently infected; and
85	85	(4) the percentage of the county population who has
86	86	died as a direct or in-direct result of the disease compared to the
87	87	total number of people in the state who have died as a direct or
88	88	in-direct result of the disease.
89	89	(f) Sections (d-e) only apply to counties that are located
90	90	in an area with a declared disaster under Section 418.014, 418.108,
91	91	as a result of a pandemic, state epidemic, or health crisis.
92	92	Section 3. This act takes effect immediately if it receives
93	93	a vote of two-thirds of all the members elected to each house, as
94	94	provided by Section 39, Article III, Texas Constitution. If this
95	95	Act does not receive the vote necessary for immediate effect, this
96	96	Act takes effect September 1, 2021.