TX
Texas Senate Bill SB437

Texas 2021 - 87th Regular

Texas Senate Bill SB437 Compare Versions

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1-S.B. No. 437
1+87R26024 SCL-D
2+ By: Blanco S.B. No. 437
3+ (Turner of Dallas)
4+ Substitute the following for S.B. No. 437: No.
25
36
7+ A BILL TO BE ENTITLED
48 AN ACT
5- relating to the establishment of a personal protective equipment
6- reserve advisory committee.
9+ relating to personal protective equipment management and the
10+ establishment of a personal protective equipment advisory
11+ committee.
712 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8- SECTION 1. Subchapter A, Chapter 81, Health and Safety
9- Code, is amended by adding Section 81.016 to read as follows:
10- Sec. 81.016. PERSONAL PROTECTIVE EQUIPMENT RESERVE
11- ADVISORY COMMITTEE. (a) In this section, "division" means the
12- Texas Division of Emergency Management.
13- (b) The division shall establish the Personal Protective
14- Equipment Reserve Advisory Committee composed of the following
13+ SECTION 1. Chapter 81, Health and Safety Code, is amended by
14+ adding Subchapter K to read as follows:
15+ SUBCHAPTER K. PERSONAL PROTECTIVE EQUIPMENT
16+ Sec. 81.451. DEFINITIONS. In this subchapter:
17+ (1) "Advisory committee" means the Personal
18+ Protective Equipment Advisory Committee established under Section
19+ 81.453. This subdivision expires September 1, 2023.
20+ (2) "Division" means the Texas Division of Emergency
21+ Management.
22+ (3) "Essential personnel" means:
23+ (A) government employees or personnel at a
24+ primary or secondary school, a child-care facility defined by
25+ Section 42.002, Human Resources Code, or a corrections facility
26+ defined by Section 89.101, who are expected to continue working
27+ through a public health disaster or other public health emergency;
28+ (B) electric and gas utility employees; or
29+ (C) personnel the division considers vital to
30+ public health and safety or economic and national security.
31+ (4) "Health care worker" means any individual who
32+ provides health care services to patients or provides support
33+ services to those health care providers, including physicians,
34+ pharmacists, dentists, clinicians, nurses, aides, home hospice
35+ care providers, technicians, janitorial and housekeeping staff,
36+ food service workers, and nonmanagerial administrative staff.
37+ (5) "Personal protective equipment" means specialized
38+ clothing or equipment, including masks, gloves, and gowns, worn for
39+ protection against infectious materials.
40+ Sec. 81.452. PERSONAL PROTECTIVE EQUIPMENT STANDARDS. (a)
41+ The division by rule shall establish guidelines for the
42+ procurement, storage, and distribution of personal protective
43+ equipment.
44+ (b) At a minimum, the division, when adopting rules under
45+ this section, must consider:
46+ (1) the types of personal protective equipment that
47+ may be required during a public health disaster or other public
48+ health emergency;
49+ (2) the length of time each type of personal
50+ protective equipment remains usable and the procedures for
51+ restocking a portion of each type of equipment;
52+ (3) the amount of each type of personal protective
53+ equipment required to supply all health care workers and essential
54+ personnel in this state with the equipment for 60 days during a
55+ public health disaster or other public health emergency;
56+ (4) successes and failures during previous public
57+ health disasters and other public health emergencies in this state,
58+ including successes and failures regarding procurement, storage,
59+ or distribution of personal protective equipment;
60+ (5) guidance on defining essential personnel based on
61+ different potential hazards;
62+ (6) geographical distribution of personal protective
63+ equipment;
64+ (7) guidance on establishing policies and standards to
65+ ensure health care workers and essential personnel have access to
66+ an adequate supply of personal protective equipment during a public
67+ health disaster or other public health emergency; and
68+ (8) the distribution prioritization when the supply of
69+ personal protective equipment is insufficient to meet the needs of
70+ health care workers and essential personnel requesting equipment,
71+ including considering whether the requestor is:
72+ (A) located in an area with a high density of
73+ low-income residents;
74+ (B) located in or disproportionately serves a
75+ medically underserved area as designated by the United States
76+ Department of Health and Human Services; and
77+ (C) located in a county with a high infection
78+ rate or high hospitalization rate related to a public health
79+ disaster or public health emergency.
80+ (b-1) In adopting rules under this section, the division
81+ shall consider the recommendations of the advisory committee. This
82+ subsection expires September 1, 2023.
83+ (c) The guidelines for personal protective equipment
84+ standards adopted under this section may not be less protective or
85+ stringent than federal, state, or local guidelines on personal
86+ protective equipment.
87+ Sec. 81.453. PERSONAL PROTECTIVE EQUIPMENT ADVISORY
88+ COMMITTEE. (a) The division shall establish the Personal
89+ Protective Equipment Advisory Committee composed of the following
1590 members appointed by the division:
1691 (1) one representative of an association representing
1792 different types of hospitals and health systems;
1893 (2) one representative of an association representing
1994 nursing facilities;
2095 (3) one representative of an association representing
2196 primary care clinics;
2297 (4) one representative of an association representing
2398 nurses;
2499 (5) one representative of an association representing
25100 home hospice care providers;
26101 (6) one representative of a statewide association
27102 representing physicians;
28103 (7) two representatives of labor organizations that
29104 represent essential personnel;
30105 (8) one representative from the personal protective
31106 equipment manufacturing industry;
32107 (9) one consumer representative;
33108 (10) one representative from an association
34109 representing counties;
35- (11) one representative of a regional advisory council
36- from one of this state's trauma service areas;
37- (12) one representative from the department;
38- (13) one representative from the division; and
39- (14) one representative from the commission.
40- (c) The advisory committee shall make recommendations to
41- the division as necessary on:
42- (1) the procurements needed for a statewide personal
43- protective equipment reserve;
44- (2) the storage of the equipment in the reserve; and
45- (3) the distribution of the equipment to health care
46- workers and essential personnel.
47- (d) This section expires and the advisory committee is
110+ (11) one representative from the department;
111+ (12) one representative from the division; and
112+ (13) one representative from the commission.
113+ (b) The advisory committee shall make recommendations to
114+ the division as necessary on adopting rules under Section 81.452.
115+ (c) This section expires and the advisory committee is
48116 abolished September 1, 2023.
49- SECTION 2. As soon as practicable after the effective date
50- of this Act, the Texas Division of Emergency Management shall
51- appoint members to the Personal Protective Equipment Reserve
52- Advisory Committee established under Section 81.016, Health and
53- Safety Code, as added by this Act.
54- SECTION 3. The Texas Division of Emergency Management is
55- required to implement a provision of this Act only if the
56- legislature appropriates money specifically for that purpose or if
57- federal money is provided to this state and by law made available to
58- the division for the purposes of this Act. If the legislature does
59- not appropriate money specifically for that purpose and federal
60- money is not available for that purpose, the division may, but is
61- not required to, implement a provision of this Act using other
62- appropriations that are available for that purpose.
63- SECTION 4. This Act takes effect immediately if it receives
117+ SECTION 2. (a) The Texas Division of Emergency Management
118+ shall adopt rules necessary to implement Section 81.452, Health and
119+ Safety Code, as added by this Act, not later than September 1, 2022.
120+ (b) As soon as practicable after the effective date of this
121+ Act, the Texas Division of Emergency Management shall appoint
122+ members to the Personal Protective Equipment Advisory Committee
123+ established under Section 81.453, Health and Safety Code, as added
124+ by this Act.
125+ SECTION 3. This Act takes effect immediately if it receives
64126 a vote of two-thirds of all the members elected to each house, as
65127 provided by Section 39, Article III, Texas Constitution. If this
66128 Act does not receive the vote necessary for immediate effect, this
67129 Act takes effect September 1, 2021.
68- ______________________________ ______________________________
69- President of the Senate Speaker of the House
70- I hereby certify that S.B. No. 437 passed the Senate on
71- April 29, 2021, by the following vote: Yeas 31, Nays 0; and that
72- the Senate concurred in House amendments on May 29, 2021, by the
73- following vote: Yeas 31, Nays 0.
74- ______________________________
75- Secretary of the Senate
76- I hereby certify that S.B. No. 437 passed the House, with
77- amendments, on May 26, 2021, by the following vote: Yeas 106,
78- Nays 41, two present not voting.
79- ______________________________
80- Chief Clerk of the House
81- Approved:
82- ______________________________
83- Date
84- ______________________________
85- Governor