TX
Texas Senate Bill SB968

Texas 2021 - 87th Regular

Texas Senate Bill SB968 Compare Versions

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1-S.B. No. 968
1+By: Kolkhorst, et al. S.B. No. 968
2+ (Klick)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
57 relating to public health disaster and public health emergency
68 preparedness and response; providing a civil penalty.
79 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
810 SECTION 1. Subchapter B, Chapter 418, Government Code, is
911 amended by adding Section 418.0125 to read as follows:
1012 Sec. 418.0125. LIMITATIONS ON MEDICAL PROCEDURES. (a) In
1113 this section, "nonelective medical procedure" means a medical
1214 procedure, including a surgery, a physical exam, a diagnostic test,
1315 a screening, the performance of a laboratory test, and the
1416 collection of a specimen to perform a laboratory test, that if not
1517 performed within a reasonable time may, as determined in good faith
1618 by a patient's physician, result in:
1719 (1) the patient's loss of life; or
1820 (2) a deterioration, complication, or progression of
1921 the patient's current or potential medical condition or disorder,
2022 including a physical condition or mental disorder.
2123 (b) The Texas Medical Board during a declared state of
2224 disaster may not issue an order or adopt a regulation that limits or
2325 prohibits a nonelective medical procedure.
2426 (c) The Texas Medical Board during a declared state of
2527 disaster may issue an order or adopt a regulation imposing a
2628 temporary limitation or prohibition on a medical procedure other
2729 than a nonelective medical procedure only if the limitation or
2830 prohibition is reasonably necessary to conserve resources for
2931 nonelective medical procedures or resources needed for disaster
3032 response. An order issued or regulation adopted under this
3133 subsection may not continue for more than 15 days unless renewed by
3234 the board.
3335 (d) A person subject to an order issued or regulation
3436 adopted under this section who in good faith acts or fails to act in
3537 accordance with that order or regulation is not civilly or
3638 criminally liable and is not subject to disciplinary action for
3739 that act or failure to act.
3840 (e) The immunity provided by Subsection (d) is in addition
3941 to any other immunity or limitation of liability provided by law.
4042 (f) Notwithstanding any other law, this section does not
4143 create a civil, criminal, or administrative cause of action or
4244 liability or create a standard of care, obligation, or duty that
4345 provides the basis for a cause of action for an act or omission
4446 under this section.
4547 SECTION 2. Subchapter C, Chapter 418, Government Code, is
4648 amended by adding Section 418.0435 to read as follows:
4749 Sec. 418.0435. PERSONAL PROTECTIVE EQUIPMENT CONTRACTS.
48- (a) The division shall enter into a contract with a manufacturer or
49- wholesale distributor of personal protective equipment that
50- guarantees a set amount and stocked supply of the equipment for use
51- during a public health disaster declared under Section 81.0813,
52- Health and Safety Code.
50+ (a) The division shall enter into a contract with a manufacturer of
51+ personal protective equipment that guarantees a set amount and
52+ stocked supply of the equipment for use during a public health
53+ disaster declared under Section 81.0813, Health and Safety Code.
5354 (b) The division may purchase personal protective equipment
5455 under a contract described by Subsection (a) only if the division
5556 determines the state's supply of personal protective equipment will
5657 be insufficient based on an evaluation of the personal protective
5758 equipment:
5859 (1) held in reserve in this state; and
5960 (2) supplied by or expected to be supplied by the
6061 federal government.
6162 (c) The division shall pursue all available federal funding
6263 to cover the costs of personal protective equipment purchased under
6364 a contract described by Subsection (a).
64- (d) In entering into a contract under Subsection (a), the
65- division shall ensure that the manufacturer is located in the
66- United States to the extent practicable.
67- SECTION 3. Subchapter E, Chapter 418, Government Code, is
68- amended by adding Section 418.1085 to read as follows:
69- Sec. 418.1085. LIMITATIONS ON CONSTRUCTION AND RELATED
70- SERVICES. The presiding officer of the governing body of a
71- political subdivision may not issue an order during a declared
72- state of disaster or local disaster to address a pandemic disaster
73- that would limit or prohibit:
74- (1) housing and commercial construction activities,
75- including related activities involving the sale, transportation,
76- and installation of manufactured homes;
77- (2) the provision of governmental services for title
78- searches, notary services, and recording services in support of
79- mortgages and real estate services and transactions;
80- (3) residential and commercial real estate services,
81- including settlement services; or
82- (4) essential maintenance, manufacturing, design,
83- operation, inspection, security, and construction services for
84- essential products, services, and supply chain relief efforts.
85- SECTION 4. Subchapter H, Chapter 418, Government Code, is
86- amended by adding Section 418.1861 to read as follows:
87- Sec. 418.1861. DISEASE PREVENTION INFORMATION SYSTEM. (a)
88- The Department of State Health Services, using existing resources,
89- shall develop and implement a disease prevention information system
90- for dissemination of immunization information during a declared
91- state of disaster or local state of disaster.
92- (b) During a declared state of disaster or local state of
93- disaster, the Department of State Health Services shall ensure that
94- educational materials regarding immunizations are available to
95- local health authorities in this state for distribution to:
96- (1) public and private schools;
97- (2) child-care facilities as defined by Section
98- 42.002, Human Resources Code;
99- (3) community centers offering youth services and
100- programs;
101- (4) community centers offering services and programs
102- to vulnerable populations, including communities of color,
103- low-income individuals, and elderly individuals;
104- (5) local health care providers; and
105- (6) veterans homes as defined by Section 164.002,
106- Natural Resources Code.
107- (c) The educational materials must include:
108- (1) the most recent immunization schedules by age as
109- recommended by the Centers for Disease Control and Prevention; and
110- (2) locations, if any, of local health care providers
111- that offer immunizations.
112- SECTION 5. Chapter 418, Government Code, is amended by
113- adding Subchapter J to read as follows:
114- SUBCHAPTER J. WELLNESS CHECKS FOR MEDICALLY FRAGILE INDIVIDUALS
115- DURING CERTAIN EMERGENCIES
116- Sec. 418.301. DEFINITIONS. In this subchapter:
117- (1) "Commission" means the Health and Human Services
118- Commission.
119- (2) "Department" means the Department of State Health
120- Services.
121- (3) "Emergency assistance registry" means the
122- registry maintained by the division that provides local emergency
123- planners and emergency responders with additional information on
124- the needs of certain individuals in their communities.
125- (4) "First responder" means any federal, state, or
126- local personnel who may respond to a disaster, including:
127- (A) public health and public safety personnel;
128- (B) commissioned law enforcement personnel;
129- (C) fire protection personnel, including
130- volunteer firefighters;
131- (D) emergency medical services personnel,
132- including hospital emergency facility staff;
133- (E) a member of the National Guard; or
134- (F) a member of the Texas State Guard.
135- (5) "Medically fragile individual" means any
136- individual who, during a time of disaster or emergency, would be
137- particularly vulnerable because of a medical condition, including
138- individuals:
139- (A) with Alzheimer's disease and other related
140- disorders;
141- (B) receiving dialysis services;
142- (C) who are diagnosed with a debilitating chronic
143- illness;
144- (D) who are dependent on oxygen treatment; and
145- (E) who have medical conditions that require
146- 24-hour supervision from a skilled nurse.
147- Sec. 418.302. MEDICALLY FRAGILE INDIVIDUAL DESIGNATION.
148- The division shall develop a process for designating individuals
149- who are included in the emergency assistance registry as medically
150- fragile for the purposes of this chapter.
151- Sec. 418.303. EMERGENCY ASSISTANCE REGISTRY ACCESS. The
152- division shall authorize the following persons to access the
153- emergency assistance registry to assist medically fragile
154- individuals during an event described by Section 418.305:
155- (1) the commission;
156- (2) the department;
157- (3) first responders;
158- (4) local governments; and
159- (5) local health departments.
160- Sec. 418.304. REQUIRED WELLNESS CHECK. The division shall
161- collaborate with the persons authorized to access the emergency
162- assistance registry under Section 418.303 and with applicable
163- municipalities and counties to ensure that a wellness check is
164- conducted on each medically fragile individual listed in the
165- emergency assistance registry and located in an area that
166- experiences an event described by Section 418.305 to ensure the
167- individual has:
168- (1) continuity of care; and
169- (2) the ability to continue using electrically powered
170- medical equipment, if applicable.
171- Sec. 418.305. EVENTS REQUIRING WELLNESS CHECKS. (a) The
172- division, in collaboration with the commission and the department,
173- shall adopt rules regarding which events require a wellness check,
174- including:
175- (1) an extended power, water, or gas outage;
176- (2) a state of disaster declared under this chapter;
177- or
178- (3) any other event considered necessary by the
179- commission, the department, or the division.
180- (b) If more than one disaster is declared for the same
181- event, or the same event qualifies as an event requiring a wellness
182- check for multiple reasons under Subsection (a), only one wellness
183- check is required to be conducted under this subchapter.
184- Sec. 418.306. REQUIREMENTS FOR WELLNESS CHECK. (a) The
185- division, in collaboration with the commission and the department,
186- by rule shall develop minimum standards for conducting wellness
187- checks. Each county and municipality shall adopt procedures for
188- conducting wellness checks in compliance with the minimum
189- standards.
190- (b) A wellness check on a medically fragile individual under
191- this subchapter must:
192- (1) include:
193- (A) an automated telephone call and text to the
194- individual;
195- (B) a personalized telephone call to the
196- individual; and
197- (C) if the individual is unresponsive to a
198- telephone call under Paragraph (B), an in-person wellness check;
199- and
200- (2) be conducted in accordance with the minimum
201- standards prescribed by division rule and the procedures of the
202- applicable county or municipality.
203- (c) A wellness check must be conducted as soon as
204- practicable but not later than 24 hours after the event requiring a
205- wellness check occurs.
206- Sec. 418.307. RULES. The division, in collaboration with
207- the commission and the department, shall adopt rules to implement
208- this subchapter.
209- SECTION 6. The heading to Subtitle D, Title 2, Health and
65+ SECTION 3. The heading to Subtitle D, Title 2, Health and
21066 Safety Code, is amended to read as follows:
21167 SUBTITLE D. PREVENTION, CONTROL, AND REPORTS OF DISEASES; PUBLIC
21268 HEALTH DISASTERS AND EMERGENCIES
213- SECTION 7. The heading to Chapter 81, Health and Safety
69+ SECTION 4. The heading to Chapter 81, Health and Safety
21470 Code, is amended to read as follows:
21571 CHAPTER 81. COMMUNICABLE DISEASES; PUBLIC HEALTH DISASTERS; PUBLIC
21672 HEALTH EMERGENCIES
217- SECTION 8. Section 81.003, Health and Safety Code, is
73+ SECTION 5. Section 81.003, Health and Safety Code, is
21874 amended by amending Subdivision (7) and adding Subdivision (7-a) to
21975 read as follows:
22076 (7) "Public health disaster" means:
22177 (A) a declaration by the governor of a state of
22278 disaster; and
22379 (B) a determination by the commissioner that
22480 there exists an immediate threat from a communicable disease,
22581 health condition, or chemical, biological, radiological, or
22682 electromagnetic exposure that:
22783 (i) poses a high risk of death or serious
22884 harm [long-term disability] to the public [a large number of
22985 people]; and
23086 (ii) creates a substantial risk of harmful
23187 public exposure [because of the disease's high level of contagion
23288 or the method by which the disease is transmitted].
23389 (7-a) "Public health emergency" means a determination
23490 by the commissioner, evidenced in an emergency order issued by the
23591 commissioner, that there exists an immediate threat from a
23692 communicable disease, health condition, or chemical, biological,
23793 radiological, or electromagnetic exposure that:
23894 (A) potentially poses a risk of death or severe
23995 illness or harm to the public; and
24096 (B) potentially creates a substantial risk of
24197 harmful exposure to the public.
242- SECTION 9. The heading to Subchapter B, Chapter 81, Health
98+ SECTION 6. The heading to Subchapter B, Chapter 81, Health
24399 and Safety Code, is amended to read as follows:
244100 SUBCHAPTER B. PREVENTION AND PREPAREDNESS
245- SECTION 10. Section 81.044, Health and Safety Code, is
101+ SECTION 7. Section 81.044, Health and Safety Code, is
246102 amended by adding Subsection (b-1) to read as follows:
247103 (b-1) In this subsection, "cycle threshold value" means for
248104 a communicable disease test the number of thermal cycles required
249105 for the fluorescent signal to exceed that of the background and
250106 cross the threshold for a positive test. The executive
251- commissioner shall require the reports of polymerase chain reaction
252- tests from clinical or hospital laboratories to contain the cycle
253- threshold values and their reference ranges.
254- SECTION 11. Section 81.081, Health and Safety Code, is
107+ commissioner shall require the reports to contain the cycle
108+ threshold values and their reference ranges for the reportable
109+ disease that is the subject of the report.
110+ SECTION 8. Section 81.081, Health and Safety Code, is
255111 amended to read as follows:
256112 Sec. 81.081. DEPARTMENT'S DUTY. The department is the
257113 preemptive authority for purposes of this chapter and shall
258114 coordinate statewide or regional efforts to protect public health.
259115 The department shall collaborate with local elected officials,
260116 including county and municipal officials, [impose control
261117 measures] to prevent the spread of disease and [in the exercise of
262118 its power to] protect the public health.
263- SECTION 12. Subchapter E, Chapter 81, Health and Safety
119+ SECTION 9. Subchapter E, Chapter 81, Health and Safety
264120 Code, is amended by adding Sections 81.0813, 81.0814, and 81.0815
265121 to read as follows:
266122 Sec. 81.0813. AUTHORITY TO DECLARE PUBLIC HEALTH DISASTER
267123 OR ORDER PUBLIC HEALTH EMERGENCY. (a) The commissioner may declare
268124 a statewide or regional public health disaster or order a statewide
269125 or regional public health emergency if the commissioner determines
270126 an occurrence or threat to public health is imminent. The
271127 commissioner may declare a public health disaster only if the
272128 governor declares a state of disaster under Chapter 418, Government
273129 Code, for the occurrence or threat.
274130 (b) Except as provided by Subsection (c), a public health
275131 disaster or public health emergency continues until the governor or
276132 commissioner terminates the disaster or emergency on a finding
277133 that:
278134 (1) the threat or danger has passed; or
279135 (2) the disaster or emergency has been managed to the
280136 extent emergency conditions no longer exist.
281137 (c) A public health disaster or public health emergency
282138 expires on the 30th day after the date the disaster or emergency is
283139 declared or ordered by the commissioner. A public health disaster
284- may only be renewed by the legislature or by the commissioner with
285- the approval of a designated legislative oversight board that has
286- been granted authority under a statute enacted by the legislature
287- to approve the renewal of a public health disaster declaration.
288- Each renewal period may not exceed 30 days.
140+ or public health emergency may only be renewed by the legislature or
141+ a designated legislative oversight board that has been granted
142+ authority under a statute enacted by the legislature to renew a
143+ public health disaster declaration or public health emergency
144+ order. Each renewal period may not exceed 30 days.
289145 (d) A declaration or order issued under this section must
290146 include:
291147 (1) a description of the nature of the disaster or
292148 emergency;
293149 (2) a designation of the area threatened by the
294150 disaster or emergency;
295151 (3) a description of the condition that created the
296152 disaster or emergency; and
297153 (4) if applicable:
298154 (A) the reason for renewing the disaster or
299155 emergency; or
300156 (B) the reason for terminating the disaster or
301157 emergency.
302158 (e) A declaration or order issued under this section must be
303159 disseminated promptly by means intended to bring its contents to
304160 the public's attention. A statewide or regional declaration or
305161 order shall be filed promptly with the office of the governor and
306162 the secretary of state. A regional declaration or order shall be
307163 filed with the county clerk or municipal secretary in each area to
308164 which it applies, unless the circumstances attendant on the
309165 disaster or emergency prevent or impede the filing.
310- Sec. 81.0814. CONSULTATION WITH TASK FORCE ON INFECTIOUS
311- DISEASE PREPAREDNESS AND RESPONSE. After declaring a public health
312- disaster or ordering a public health emergency, the commissioner
313- shall consult with the Task Force on Infectious Disease
314- Preparedness and Response, including any subcommittee the task
315- force forms to aid in the rapid assessment of response efforts.
166+ Sec. 81.0814. EXPERT PANEL. (a) Immediately after
167+ declaring a public health disaster or issuing a public health
168+ emergency order, the commissioner shall appoint an expert panel
169+ composed of five physicians and four other health care providers
170+ who have extensive experience involving treatments, therapeutics,
171+ and prophylactics for communicable diseases and other important
172+ knowledge and experience related to the disaster or order.
173+ (b) The commissioner shall appoint a presiding officer for
174+ the expert panel.
175+ (c) The expert panel shall meet during the public health
176+ disaster or emergency to provide recommendations on the disaster or
177+ emergency to the chief state epidemiologist appointed under Section
178+ 1001.0515.
179+ (d) The expert panel is abolished on the termination of the
180+ public health disaster or emergency for which the panel was
181+ established.
316182 Sec. 81.0815. FAILURE TO REPORT; CIVIL PENALTY. (a) A
317183 health care facility that fails to submit a report required by the
318- department under a public health disaster is liable to this state
319- for a civil penalty of not more than $1,000 for each failure.
184+ department under a public health disaster or emergency is liable to
185+ this state for a civil penalty of not more than $1,000 for each
186+ failure.
320187 (b) The attorney general at the request of the department
321188 may bring an action to collect a civil penalty imposed under this
322189 section.
323- SECTION 13. Sections 161.00705(a) and (c), Health and
324- Safety Code, are amended to read as follows:
325- (a) The department shall maintain a registry of persons who
326- receive an immunization or[,] antiviral[, and other medication]
327- administered to prepare for a potential disaster, public health
328- disaster [emergency], terrorist attack, hostile military or
329- paramilitary action, or extraordinary law enforcement emergency or
330- in response to a declared disaster, public health disaster
331- [emergency], terrorist attack, hostile military or paramilitary
332- action, or extraordinary law enforcement emergency. A health care
333- provider who administers an immunization or[,] antiviral[, or other
334- medication] shall provide the data elements to the department. At
335- the request and with the authorization of the health care provider,
336- the data elements may be provided through a health information
337- exchange as defined by Section 182.151.
338- (c) The department shall track adverse reactions to an
339- immunization or[,] antiviral[, and other medication] administered
340- to prepare for a potential disaster, public health disaster
341- [emergency], terrorist attack, hostile military or paramilitary
342- action, or extraordinary law enforcement emergency or in response
343- to a declared disaster, public health disaster [emergency],
344- terrorist attack, hostile military or paramilitary action, or
345- extraordinary law enforcement emergency. A health care provider
346- who administers an immunization or[,] antiviral[, or other
347- medication] may provide data related to adverse reactions to the
348- department.
349- SECTION 14. Subchapter A, Chapter 161, Health and Safety
190+ SECTION 10. Subchapter A, Chapter 161, Health and Safety
350191 Code, is amended by adding Section 161.0085 to read as follows:
351192 Sec. 161.0085. COVID-19 VACCINE PASSPORTS PROHIBITED. (a)
352193 In this section, "COVID-19" means the 2019 novel coronavirus
353194 disease.
354195 (b) A governmental entity in this state may not issue a
355196 vaccine passport, vaccine pass, or other standardized
356197 documentation to certify an individual's COVID-19 vaccination
357198 status to a third party for a purpose other than health care or
358199 otherwise publish or share any individual's COVID-19 immunization
359200 record or similar health information for a purpose other than
360201 health care.
361202 (c) A business in this state may not require a customer to
362203 provide any documentation certifying the customer's COVID-19
363204 vaccination or post-transmission recovery on entry to, to gain
364205 access to, or to receive service from the business. A business that
365206 fails to comply with this subsection is not eligible to receive a
366207 grant or enter into a contract payable with state funds.
367208 (d) Notwithstanding any other law, each appropriate state
368209 agency shall ensure that businesses in this state comply with
369210 Subsection (c) and may require compliance with that subsection as a
370211 condition for a license, permit, or other state authorization
371212 necessary for conducting business in this state.
372213 (e) This section may not be construed to:
373214 (1) restrict a business from implementing COVID-19
374215 screening and infection control protocols in accordance with state
375216 and federal law to protect public health; or
376217 (2) interfere with an individual's right to access the
377218 individual's personal health information under federal law.
378- SECTION 15. Subchapter C, Chapter 1001, Health and Safety
219+ SECTION 11. Subchapter C, Chapter 1001, Health and Safety
379220 Code, is amended by adding Section 1001.0515 to read as follows:
380221 Sec. 1001.0515. OFFICE OF CHIEF STATE EPIDEMIOLOGIST. (a)
381222 The commissioner shall:
382223 (1) establish an Office of Chief State Epidemiologist
383224 within the department to provide expertise in public health
384225 activities and policy in this state by:
385226 (A) evaluating epidemiologic, medical, and
386227 health care information; and
387228 (B) identifying pertinent research and
388229 evidence-based best practices; and
389230 (2) appoint a physician licensed to practice medicine
390231 in this state as the chief state epidemiologist to administer the
391232 Office of Chief State Epidemiologist.
392233 (b) The chief state epidemiologist must:
393234 (1) be board certified in a medical specialty; and
394235 (2) have significant experience in public health and
395236 an advanced degree in public health, epidemiology, or a related
396237 field.
397238 (c) The chief state epidemiologist serves as:
398239 (1) the department expert on epidemiological matters
399240 and on communicable and noncommunicable diseases; and
400241 (2) the department's senior science representative and
401242 primary contact for the Centers for Disease Control and Prevention
402243 and other federal agencies related to epidemiologic science and
403244 disease surveillance.
404- (d) The chief state epidemiologist may provide professional
245+ (d) The chief state epidemiologist shall report to the state
246+ operations center, under the direction of the chief of the Texas
247+ Division of Emergency Management, during a declared public health
248+ disaster to provide expertise and support this state's response to
249+ the disaster.
250+ (e) The chief state epidemiologist may provide professional
405251 and scientific consultation regarding epidemiology and disease
406252 control, harmful exposure, and injury prevention to state agencies,
407253 health facilities, health service regions, local health
408254 authorities, local health departments, and other entities.
409- (e) Notwithstanding any other law, the chief state
255+ (f) Notwithstanding any other law, the chief state
410256 epidemiologist may access information from the department to
411257 implement duties of the epidemiologist's office. Reports, records,
412258 and information provided to the Office of Chief State
413259 Epidemiologist that relate to an epidemiologic or toxicologic
414260 investigation of human illness or conditions and of environmental
415261 exposure that are harmful or believed to be harmful to the public
416262 health are confidential and not subject to disclosure under Chapter
417263 552, Government Code, and may not be released or made public on
418264 subpoena or otherwise, except for statistical purposes if released
419265 in a manner that prevents identification of any person.
420- SECTION 16. Section 1001.089(a)(2), Health and Safety Code,
421- is amended to read as follows:
422- (2) "Local public health entity" means a local health
423- authority, local health unit, local health department, or public
424- health district.
425- SECTION 17. Section 81.082(e), Health and Safety Code, is
426- repealed.
427- SECTION 18. (a) In this section, "council" means the
266+ SECTION 12. Sections 81.082(d) and (e), Health and Safety
267+ Code, are repealed.
268+ SECTION 13. (a) In this section, "council" means the
428269 Preparedness Coordinating Council advisory committee established
429270 by the Health and Human Services Commission under Section 1001.035,
430271 Health and Safety Code, for the Department of State Health
431272 Services.
432- (b) In coordination with the emergency management council
273+ (b) Under the direction of the emergency management council
433274 established by the governor under Section 418.013, Government Code,
434275 the council shall conduct a study on this state's response to the
435276 2019 novel coronavirus disease. The council shall examine the
436277 roles of the Department of State Health Services, the Health and
437278 Human Services Commission, and the Texas Division of Emergency
438279 Management relating to public health disaster and emergency
439280 planning and response efforts and determine the efficacy of the
440281 state emergency operations plan in appropriately identifying
441282 agency responsibilities. The council may collaborate with an
442283 institution of higher education in this state to conduct the study.
443- (c) Not later than nine months after the date the declared
444- public health disaster related to the 2019 novel coronavirus
445- disease is terminated, or September 1, 2023, whichever is earlier,
446- the council shall prepare and submit a written report to the
447- governor, the lieutenant governor, the speaker of the house of
448- representatives, and the members of the legislature on the results
449- of the study conducted under Subsection (b) of this section. The
450- report must include recommendations for legislative improvements
451- for public health disaster and public health emergency response and
452- preparedness.
284+ (c) Not later than December 1, 2022, the council shall
285+ prepare and submit a written report to the governor, the lieutenant
286+ governor, the speaker of the house of representatives, and the
287+ members of the legislature on the results of the study conducted
288+ under Subsection (b) of this section. The report must include
289+ recommendations for legislative improvements for public health
290+ disaster and public health emergency response and preparedness.
453291 (d) This section expires September 1, 2023.
454- SECTION 19. Section 418.0125, Government Code, as added by
292+ SECTION 14. Section 418.0125, Government Code, as added by
455293 this Act, applies only to an order issued or regulation adopted on
456294 or after the effective date of this Act.
457- SECTION 20. As soon as practicable, but not later than
458- August 31, 2022, the Department of State Health Services shall
459- implement the disease prevention information system as required by
460- Section 418.1861, Government Code, as added by this Act.
461- SECTION 21. As soon as practicable after the effective date
462- of this Act, the Texas Division of Emergency Management shall adopt
463- the rules necessary to implement Subchapter J, Chapter 418,
464- Government Code, as added by this Act.
465- SECTION 22. (a) The Department of State Health Services
295+ SECTION 15. (a) The Department of State Health Services
466296 and the Preparedness Coordinating Council advisory committee are
467297 required to implement this Act only if the legislature appropriates
468298 money specifically for that purpose. If the legislature does not
469299 appropriate money specifically for that purpose, the department and
470300 council may, but are not required to, implement this Act using other
471301 appropriations available for that purpose.
472302 (b) The Department of State Health Services shall use any
473303 available federal money to implement this Act.
474- SECTION 23. This Act takes effect immediately if it
304+ SECTION 16. This Act takes effect immediately if it
475305 receives a vote of two-thirds of all the members elected to each
476306 house, as provided by Section 39, Article III, Texas Constitution.
477307 If this Act does not receive the vote necessary for immediate
478308 effect, this Act takes effect September 1, 2021.
479- ______________________________ ______________________________
480- President of the Senate Speaker of the House
481- I hereby certify that S.B. No. 968 passed the Senate on
482- April 21, 2021, by the following vote: Yeas 31, Nays 0; and that
483- the Senate concurred in House amendments on May 30, 2021, by the
484- following vote: Yeas 28, Nays 3.
485- ______________________________
486- Secretary of the Senate
487- I hereby certify that S.B. No. 968 passed the House, with
488- amendments, on May 26, 2021, by the following vote: Yeas 146,
489- Nays 2, one present not voting.
490- ______________________________
491- Chief Clerk of the House
492- Approved:
493- ______________________________
494- Date
495- ______________________________
496- Governor