Texas 2021 - 87th Regular

Texas Senate Bill SB966 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 966
	1	+	By: Kolkhorst, et al. S.B. No. 966
	2	+	(Klick)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to legislative oversight during a public health disaster
6	8		or public health emergency, including the establishment of a
7	9		legislative public health oversight board.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. The heading to Subtitle D, Title 2, Health and
10	12		Safety Code, is amended to read as follows:
11	13		SUBTITLE D. PREVENTION, CONTROL, AND REPORTS OF DISEASES; PUBLIC
12	14		HEALTH DISASTERS AND EMERGENCIES
13	15		SECTION 2. The heading to Chapter 81, Health and Safety
14	16		Code, is amended to read as follows:
15	17		CHAPTER 81. COMMUNICABLE DISEASES; PUBLIC HEALTH DISASTERS; PUBLIC
16	18		HEALTH EMERGENCIES
17	19		SECTION 3. Section 81.003, Health and Safety Code, is
18	20		amended by amending Subdivision (7) and adding Subdivision (7-a) to
19	21		read as follows:
20	22		(7) "Public health disaster" means:
21	23		(A) a declaration by the governor of a state of
22	24		disaster; and
23	25		(B) a determination by the commissioner that
24	26		there exists an immediate threat from a communicable disease,
25	27		health condition, or chemical, biological, radiological, or
26	28		electromagnetic exposure that:
27	29		(i) poses a high risk of death or serious
28	30		harm [long-term disability] to the public [a large number of
29	31		people]; and
30	32		(ii) creates a substantial risk of harmful
31	33		public exposure [because of the disease's high level of contagion
32	34		or the method by which the disease is transmitted].
33	35		(7-a) "Public health emergency" means a determination
34	36		by the commissioner, evidenced in an emergency order issued by the
35	37		commissioner, that there exists an immediate threat from a
36	38		communicable disease, health condition, or chemical, biological,
37	39		radiological, or electromagnetic exposure that:
38	40		(A) potentially poses a risk of death or severe
39	41		illness or harm to the public; and
40	42		(B) potentially creates a substantial risk of
41	43		harmful exposure to the public.
42	44		SECTION 4. The heading to Subchapter E, Chapter 81, Health
43	45		and Safety Code, is amended to read as follows:
44	46		SUBCHAPTER E. CONTROL; PUBLIC HEALTH DISASTERS; PUBLIC HEALTH
45	47		EMERGENCIES
46	48		SECTION 5. Section 81.082, Health and Safety Code, is
47	49		amended by amending Subsection (d) and adding Subsections (d-1) and
48	50		(d-2) to read as follows:
49	51		(d) A declaration of a public health disaster or an order of
50	52		public health emergency may continue for not more than 30 days after
51	53		the date the disaster or emergency is declared or ordered by the
52		-	commissioner. A public health disaster may be renewed [one time] by
53		-	the legislature or by the commissioner with the approval of the
54		-	legislative public health oversight board established under
55		-	Section 81.0821 [commissioner] for an additional 30 days. A public
56		-	health emergency order may be renewed by the commissioner for an
57		-	additional 30 days. Each renewal period may not exceed 30 days.
	54	+	commissioner. A public health disaster or public health emergency
	55	+	may be renewed [one time] by the legislature or the legislative
	56	+	public health oversight board established under Section 81.0821
	57	+	[commissioner] for an additional 30 days. Each renewal period may
	58	+	not exceed 30 days.
58	59		(d-1) Notwithstanding Subsection (d), if the legislature or
59	60		the legislative public health oversight board is unable to meet to
60		-	consider the renewal of a declaration of a public health disaster,
61		-	the declaration shall continue until the legislature or board meets
62		-	unless the declaration is terminated by the commissioner or
	61	+	consider renewing a declaration of a public health disaster or an
	62	+	order of a public health emergency, the declaration or order shall
	63	+	continue until the legislature or the board meets unless the
	64	+	declaration or order is terminated by the commissioner or the
63	65		governor.
64	66		(d-2) Not later than the seventh day after the date the
65	67		commissioner issues an initial declaration of a public health
66	68		disaster or an order of a public health emergency, the commissioner
67	69		shall consult with the chairs of the standing committees of the
68	70		senate and house of representatives with primary jurisdiction over
69	71		public health regarding the disaster or emergency.
70	72		SECTION 6. Subchapter E, Chapter 81, Health and Safety
71	73		Code, is amended by adding Section 81.0821 to read as follows:
72	74		Sec. 81.0821. LEGISLATIVE PUBLIC HEALTH OVERSIGHT BOARD.
73	75		(a) In this section, "board" means the legislative public health
74	76		oversight board established under this section.
75	77		(b) The legislative public health oversight board is
76	78		established to provide oversight for declarations of public health
77	79		disasters and orders of public health emergencies issued by the
78	80		commissioner under this chapter and perform other duties required
79	81		by law.
80	82		(c) The board consists of the following members:
81	83		(1) the lieutenant governor;
82	84		(2) the speaker of the house of representatives;
83		-	(3) the chair of the Senate Committee on Finance or its
84		-	successor;
85		-	(4) the chair of the Senate Committee on State Affairs
86		-	or its successor;
87		-	(5) the chair of the Senate Committee on Health and
88		-	Human Services or its successor;
89		-	(6) the chair of the Senate Committee on Education or
90		-	its successor;
91		-	(7) the chair of the House Committee on Appropriations
92		-	or its successor;
93		-	(8) the chair of the House Committee on State Affairs
94		-	or its successor;
95		-	(9) the chair of the House Committee on Public Health
96		-	or its successor;
97		-	(10) the chair of the House Committee on Public
98		-	Education or its successor;
99		-	(11) two additional members of the senate appointed by
100		-	the lieutenant governor; and
101		-	(12) two additional members of the house appointed by
102		-	the speaker.
	85	+	(3) the chair of the senate committee with primary
	86	+	jurisdiction over public health;
	87	+	(4) the chair of the house committee with primary
	88	+	jurisdiction over public health;
	89	+	(5) a member of the senate appointed by the lieutenant
	90	+	governor; and
	91	+	(6) a member of the house appointed by the speaker.
103	92		(d) The lieutenant governor and the speaker of the house of
104	93		representatives are joint chairs of the board.
105	94		(e) A majority of the members of the board from each house of
106	95		the legislature constitutes a quorum to transact business. If a
107	96		quorum is present, the board by majority vote may act on any matter
108	97		within the board's jurisdiction.
109	98		(f) The board shall meet as often as necessary to perform
110	99		the board's duties. Meetings may be held at any time at the request
111	100		of either chair or on written petition of a majority of the board
112	101		members from each house of the legislature.
113	102		(g) The board shall meet in Austin, except that if a
114	103		majority of the board members from each house of the legislature
115	104		agree, the committee may meet in any location determined by the
116	105		board.
117	106		(h) As an exception to Chapter 551, Government Code, and
118	107		other law, for a meeting in Austin at which both joint chairs of the
119	108		board are physically present, any number of the other board members
120	109		may attend the meeting by use of telephone conference call, video
121	110		conference call, or other similar telecommunication device. This
122	111		subsection applies for purposes of establishing a quorum or voting
123	112		or any other purpose allowing the members to fully participate in
124	113		any board meeting. This subsection applies without regard to the
125	114		subject or topics considered by the members at the meeting.
126	115		(i) A board meeting held by use of telephone conference
127	116		call, video conference call, or other similar telecommunication
128	117		device:
129	118		(1) is subject to the notice requirements applicable
130	119		to other meetings;
131	120		(2) must specify in the notice of the meeting the
132	121		location in Austin at which the joint chairs will be physically
133	122		present;
134	123		(3) must be open to the public and audible to the
135	124		public at the location specified in the notice under Subdivision
136	125		(2); and
137	126		(4) must provide two-way audio communication between
138	127		all board members attending the meeting during the entire meeting,
139	128		and if the two-way audio communication link with any member
140	129		attending the meeting is disrupted at any time, the meeting may not
141	130		continue until the two-way audio communication link is
142	131		reestablished.
143	132		SECTION 7. As soon as practicable after the effective date
144	133		of this Act, the lieutenant governor and the speaker of the house of
145	134		representatives shall appoint the legislative members to the
146	135		legislative public health oversight board as required by Section
147	136		81.0821, Health and Safety Code, as added by this Act.
148	137		SECTION 8. This Act takes effect immediately if it receives
149	138		a vote of two-thirds of all the members elected to each house, as
150	139		provided by Section 39, Article III, Texas Constitution. If this
151	140		Act does not receive the vote necessary for immediate effect, this
152	141		Act takes effect September 1, 2021.
153		-	______________________________ ______________________________
154		-	President of the Senate Speaker of the House
155		-	I hereby certify that S.B. No. 966 passed the Senate on
156		-	April 19, 2021, by the following vote: Yeas 31, Nays 0; and that
157		-	the Senate concurred in House amendment on May 30, 2021, by the
158		-	following vote: Yeas 31, Nays 0.
159		-	______________________________
160		-	Secretary of the Senate
161		-	I hereby certify that S.B. No. 966 passed the House, with
162		-	amendment, on May 26, 2021, by the following vote: Yeas 138,
163		-	Nays 7, one present not voting.
164		-	______________________________
165		-	Chief Clerk of the House
166		-	Approved:
167		-	______________________________
168		-	Date
169		-	______________________________
170		-	Governor