By: Kolkhorst S.B. No. 968
(In the Senate - Filed March 3, 2021; March 11, 2021, read
first time and referred to Committee on Health & Human Services;
April 19, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 19, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 968 By: Hall
A BILL TO BE ENTITLED
AN ACT
relating to public health disaster and public health emergency
preparedness and response; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 418, Government Code, is
amended by adding Section 418.0435 to read as follows:
Sec. 418.0435. PERSONAL PROTECTIVE EQUIPMENT CONTRACTS.
(a) The division shall enter into a contract with a manufacturer of
personal protective equipment that guarantees a set amount and
stocked supply of the equipment for use during a public health
disaster declared under Section 81.0813, Health and Safety Code.
(b) The division may purchase personal protective equipment
under a contract described by Subsection (a) only if the division
determines the state's supply of personal protective equipment will
be insufficient based on an evaluation of the personal protective
equipment:
(1) held in reserve in this state; and
(2) supplied by or expected to be supplied by the
federal government.
(c) The division shall pursue all available federal funding
to cover the costs of personal protective equipment purchased under
a contract described by Subsection (a).
SECTION 2. 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 3. 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 4. 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 5. The heading to Subchapter B, Chapter 81, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER B. PREVENTION AND PREPAREDNESS
SECTION 6. Section 81.044, Health and Safety Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) In this subsection, "cycle threshold value" means for
a communicable disease test the number of thermal cycles required
for the fluorescent signal to exceed that of the background and
cross the threshold for a positive test. The executive
commissioner shall require the reports to contain the cycle
threshold values and their reference ranges for the reportable
disease that is the subject of the report.
SECTION 7. Section 81.081, Health and Safety Code, is
amended to read as follows:
Sec. 81.081. DEPARTMENT'S DUTY. The department is the
preemptive authority for purposes of this chapter and shall
coordinate statewide or regional efforts to protect public health.
The department shall collaborate with local elected officials,
including county and municipal officials, [impose control
measures] to prevent the spread of disease and [in the exercise of
its power to] protect the public health.
SECTION 8. Subchapter E, Chapter 81, Health and Safety
Code, is amended by adding Sections 81.0813, 81.0814, and 81.0815
to read as follows:
Sec. 81.0813. AUTHORITY TO DECLARE PUBLIC HEALTH DISASTER
OR ORDER PUBLIC HEALTH EMERGENCY. (a) The commissioner may declare
a statewide or regional public health disaster or order a statewide
or regional public health emergency if the commissioner determines
an occurrence or threat to public health is imminent. The
commissioner may declare a public health disaster only if the
governor declares a state of disaster under Chapter 418, Government
Code, for the occurrence or threat.
(b) Except as provided by Subsection (c), a public health
disaster or public health emergency continues until the governor or
commissioner terminates the disaster or emergency on a finding
that:
(1) the threat or danger has passed; or
(2) the disaster or emergency has been managed to the
extent emergency conditions no longer exist.
(c) A public health disaster or public health emergency
expires on the 30th day after the date the disaster or emergency is
declared or ordered by the commissioner. A public health disaster
or public health emergency may only be renewed by the legislature or
a designated legislative oversight board that has been granted
authority under a statute enacted by the legislature to renew a
public health disaster declaration or public health emergency
order. Each renewal period may not exceed 30 days.
(d) A declaration or order issued under this section must
include:
(1) a description of the nature of the disaster or
emergency;
(2) a designation of the area threatened by the
disaster or emergency;
(3) a description of the condition that created the
disaster or emergency; and
(4) if applicable:
(A) the reason for renewing the disaster or
emergency; or
(B) the reason for terminating the disaster or
emergency.
(e) A declaration or order issued under this section must be
disseminated promptly by means intended to bring its contents to
the public's attention. A statewide or regional declaration or
order shall be filed promptly with the office of the governor and
the secretary of state. A regional declaration or order shall be
filed with the county clerk or municipal secretary in each area to
which it applies, unless the circumstances attendant on the
disaster or emergency prevent or impede the filing.
Sec. 81.0814. EXPERT PANEL. (a) Immediately after
declaring a public health disaster or issuing a public health
emergency order, the commissioner shall appoint an expert panel
composed of five physicians and four other health care providers
who have extensive experience involving treatments, therapeutics,
and prophylactics for communicable diseases and other important
knowledge and experience related to the disaster or order.
(b) The commissioner shall appoint a presiding officer for
the expert panel.
(c) The expert panel shall meet during the public health
disaster or emergency to provide recommendations on the disaster or
emergency to the chief state epidemiologist appointed under Section
1001.0515.
(d) The expert panel is abolished on the termination of the
public health disaster or emergency for which the panel was
established.
Sec. 81.0815. FAILURE TO REPORT; CIVIL PENALTY. (a) A
health care facility that fails to submit a report required by the
department under a public health disaster or emergency is liable to
this state for a civil penalty of not more than $1,000 for each
failure.
(b) The attorney general at the request of the department
may bring an action to collect a civil penalty imposed under this
section.
SECTION 9. Subchapter A, Chapter 161, Health and Safety
Code, is amended by adding Section 161.0085 to read as follows:
Sec. 161.0085. COVID-19 VACCINE PASSPORTS PROHIBITED. (a)
In this section, "COVID-19" means the 2019 novel coronavirus
disease.
(b) A governmental entity in this state may not issue a
vaccine passport, vaccine pass, or other standardized
documentation to certify an individual's COVID-19 vaccination
status to a third party for a purpose other than health care or
otherwise publish or share any individual's COVID-19 immunization
record or similar health information for a purpose other than
health care.
(c) A business in this state may not require a customer to
provide any documentation certifying the customer's COVID-19
vaccination or post-transmission recovery on entry to, to gain
access to, or to receive service from the business. A business that
fails to comply with this subsection is not eligible to receive a
grant or enter into a contract payable with state funds.
(d) Notwithstanding any other law, each appropriate state
agency shall ensure that businesses in this state comply with
Subsection (c) and may require compliance with that subsection as a
condition for a license, permit, or other state authorization
necessary for conducting business in this state.
(e) This section may not be construed to:
(1) restrict a business from implementing COVID-19
screening and infection control protocols in accordance with state
and federal law to protect public health; or
(2) interfere with an individual's right to access the
individual's personal health information under federal law.
SECTION 10. Subchapter C, Chapter 1001, Health and Safety
Code, is amended by adding Section 1001.0515 to read as follows:
Sec. 1001.0515. OFFICE OF CHIEF STATE EPIDEMIOLOGIST. (a)
The commissioner shall:
(1) establish an Office of Chief State Epidemiologist
within the department to provide expertise in public health
activities and policy in this state by:
(A) evaluating epidemiologic, medical, and
health care information; and
(B) identifying pertinent research and
evidence-based best practices; and
(2) appoint a physician licensed to practice medicine
in this state as the chief state epidemiologist to administer the
Office of Chief State Epidemiologist.
(b) The chief state epidemiologist must:
(1) be board certified in a medical specialty; and
(2) have significant experience in public health and
an advanced degree in public health, epidemiology, or a related
field.
(c) The chief state epidemiologist serves as:
(1) the department expert on epidemiological matters
and on communicable and noncommunicable diseases; and
(2) the department's senior science representative and
primary contact for the Centers for Disease Control and Prevention
and other federal agencies related to epidemiologic science and
disease surveillance.
(d) The chief state epidemiologist shall report to the state
operations center, under the direction of the chief of the Texas
Division of Emergency Management, during a declared public health
disaster to provide expertise and support this state's response to
the disaster.
(e) The chief state epidemiologist may provide professional
and scientific consultation regarding epidemiology and disease
control, harmful exposure, and injury prevention to state agencies,
health facilities, health service regions, local health
authorities, local health departments, and other entities.
(f) Notwithstanding any other law, the chief state
epidemiologist may access information from the department to
implement duties of the epidemiologist's office. Reports, records,
and information provided to the Office of Chief State
Epidemiologist that relate to an epidemiologic or toxicologic
investigation of human illness or conditions and of environmental
exposure that are harmful or believed to be harmful to the public
health are confidential and not subject to disclosure under Chapter
552, Government Code, and may not be released or made public on
subpoena or otherwise, except for statistical purposes if released
in a manner that prevents identification of any person.
SECTION 11. Sections 81.082(d) and (e), Health and Safety
Code, are repealed.
SECTION 12. (a) In this section, "council" means the
Preparedness Coordinating Council advisory committee established
by the Health and Human Services Commission under Section 1001.035,
Health and Safety Code, for the Department of State Health
Services.
(b) Under the direction of the emergency management council
established by the governor under Section 418.013, Government Code,
the council shall conduct a study on this state's response to the
2019 novel coronavirus disease. The council shall examine the
roles of the Department of State Health Services, the Health and
Human Services Commission, and the Texas Division of Emergency
Management relating to public health disaster and emergency
planning and response efforts and determine the efficacy of the
state emergency operations plan in appropriately identifying
agency responsibilities. The council may collaborate with an
institution of higher education in this state to conduct the study.
(c) Not later than December 1, 2022, the council shall
prepare and submit a written report to the governor, the lieutenant
governor, the speaker of the house of representatives, and the
members of the legislature on the results of the study conducted
under Subsection (b) of this section. The report must include
recommendations for legislative improvements for public health
disaster and public health emergency response and preparedness.
(d) This section expires September 1, 2023.
SECTION 13. (a) The Department of State Health Services
and the Preparedness Coordinating Council advisory committee are
required to implement this Act only if the legislature appropriates
money specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the department and
council may, but are not required to, implement this Act using other
appropriations available for that purpose.
(b) The Department of State Health Services shall use any
available federal money to implement this Act.
SECTION 14. 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.
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