S.B. No. 966
AN ACT
relating to legislative oversight during a public health disaster
or public health emergency, including the establishment of a
legislative public health oversight board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle D, Title 2, Health and
Safety Code, is amended to read as follows:
SUBTITLE D. PREVENTION, CONTROL, AND REPORTS OF DISEASES; PUBLIC
HEALTH DISASTERS AND EMERGENCIES
SECTION 2. The heading to Chapter 81, Health and Safety
Code, is amended to read as follows:
CHAPTER 81. COMMUNICABLE DISEASES; PUBLIC HEALTH DISASTERS; PUBLIC
HEALTH EMERGENCIES
SECTION 3. Section 81.003, Health and Safety Code, is
amended by amending Subdivision (7) and adding Subdivision (7-a) to
read as follows:
(7) "Public health disaster" means:
(A) a declaration by the governor of a state of
disaster; and
(B) a determination by the commissioner that
there exists an immediate threat from a communicable disease,
health condition, or chemical, biological, radiological, or
electromagnetic exposure that:
(i) poses a high risk of death or serious
harm [long-term disability] to the public [a large number of
people]; and
(ii) creates a substantial risk of harmful
public exposure [because of the disease's high level of contagion
or the method by which the disease is transmitted].
(7-a) "Public health emergency" means a determination
by the commissioner, evidenced in an emergency order issued by the
commissioner, that there exists an immediate threat from a
communicable disease, health condition, or chemical, biological,
radiological, or electromagnetic exposure that:
(A) potentially poses a risk of death or severe
illness or harm to the public; and
(B) potentially creates a substantial risk of
harmful exposure to the public.
SECTION 4. The heading to Subchapter E, Chapter 81, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER E. CONTROL; PUBLIC HEALTH DISASTERS; PUBLIC HEALTH
EMERGENCIES
SECTION 5. Section 81.082, Health and Safety Code, is
amended by amending Subsection (d) and adding Subsections (d-1) and
(d-2) to read as follows:
(d) A declaration of a public health disaster or an order of
public health emergency may continue for not more than 30 days after
the date the disaster or emergency is declared or ordered by the
commissioner. A public health disaster may be renewed [one time] by
the legislature or by the commissioner with the approval of the
legislative public health oversight board established under
Section 81.0821 [commissioner] for an additional 30 days. A public
health emergency order may be renewed by the commissioner for an
additional 30 days. Each renewal period may not exceed 30 days.
(d-1) Notwithstanding Subsection (d), if the legislature or
the legislative public health oversight board is unable to meet to
consider the renewal of a declaration of a public health disaster,
the declaration shall continue until the legislature or board meets
unless the declaration is terminated by the commissioner or
governor.
(d-2) Not later than the seventh day after the date the
commissioner issues an initial declaration of a public health
disaster or an order of a public health emergency, the commissioner
shall consult with the chairs of the standing committees of the
senate and house of representatives with primary jurisdiction over
public health regarding the disaster or emergency.
SECTION 6. Subchapter E, Chapter 81, Health and Safety
Code, is amended by adding Section 81.0821 to read as follows:
Sec. 81.0821. LEGISLATIVE PUBLIC HEALTH OVERSIGHT BOARD.
(a) In this section, "board" means the legislative public health
oversight board established under this section.
(b) The legislative public health oversight board is
established to provide oversight for declarations of public health
disasters and orders of public health emergencies issued by the
commissioner under this chapter and perform other duties required
by law.
(c) The board consists of the following members:
(1) the lieutenant governor;
(2) the speaker of the house of representatives;
(3) the chair of the Senate Committee on Finance or its
successor;
(4) the chair of the Senate Committee on State Affairs
or its successor;
(5) the chair of the Senate Committee on Health and
Human Services or its successor;
(6) the chair of the Senate Committee on Education or
its successor;
(7) the chair of the House Committee on Appropriations
or its successor;
(8) the chair of the House Committee on State Affairs
or its successor;
(9) the chair of the House Committee on Public Health
or its successor;
(10) the chair of the House Committee on Public
Education or its successor;
(11) two additional members of the senate appointed by
the lieutenant governor; and
(12) two additional members of the house appointed by
the speaker.
(d) The lieutenant governor and the speaker of the house of
representatives are joint chairs of the board.
(e) A majority of the members of the board from each house of
the legislature constitutes a quorum to transact business. If a
quorum is present, the board by majority vote may act on any matter
within the board's jurisdiction.
(f) The board shall meet as often as necessary to perform
the board's duties. Meetings may be held at any time at the request
of either chair or on written petition of a majority of the board
members from each house of the legislature.
(g) The board shall meet in Austin, except that if a
majority of the board members from each house of the legislature
agree, the committee may meet in any location determined by the
board.
(h) As an exception to Chapter 551, Government Code, and
other law, for a meeting in Austin at which both joint chairs of the
board are physically present, any number of the other board members
may attend the meeting by use of telephone conference call, video
conference call, or other similar telecommunication device. This
subsection applies for purposes of establishing a quorum or voting
or any other purpose allowing the members to fully participate in
any board meeting. This subsection applies without regard to the
subject or topics considered by the members at the meeting.
(i) A board meeting held by use of telephone conference
call, video conference call, or other similar telecommunication
device:
(1) is subject to the notice requirements applicable
to other meetings;
(2) must specify in the notice of the meeting the
location in Austin at which the joint chairs will be physically
present;
(3) must be open to the public and audible to the
public at the location specified in the notice under Subdivision
(2); and
(4) must provide two-way audio communication between
all board members attending the meeting during the entire meeting,
and if the two-way audio communication link with any member
attending the meeting is disrupted at any time, the meeting may not
continue until the two-way audio communication link is
reestablished.
SECTION 7. As soon as practicable after the effective date
of this Act, the lieutenant governor and the speaker of the house of
representatives shall appoint the legislative members to the
legislative public health oversight board as required by Section
81.0821, Health and Safety Code, as added by this Act.
SECTION 8. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 966 passed the Senate on
April 19, 2021, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 30, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 966 passed the House, with
amendment, on May 26, 2021, by the following vote: Yeas 138,
Nays 7, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor