| 1 | 1 | | 88R3922 JG-F |
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| 2 | 2 | | By: Hall S.B. No. 310 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to limitations on public health directives issued during a |
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| 8 | 8 | | state of disaster or outbreak of a communicable disease. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 418, Government Code, is |
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| 11 | 11 | | amended by adding Section 418.0165 to read as follows: |
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| 12 | 12 | | Sec. 418.0165. PUBLIC HEALTH DIRECTIVES. During a state of |
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| 13 | 13 | | disaster declared by the governor, the governor may issue a public |
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| 14 | 14 | | health directive as the governor determines necessary to address |
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| 15 | 15 | | the disaster only if the directive is not more stringent than any |
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| 16 | 16 | | public health directive for undocumented immigrants issued by |
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| 17 | 17 | | United States Immigration and Customs Enforcement. |
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| 18 | 18 | | SECTION 2. Subchapter A, Chapter 81, Health and Safety |
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| 19 | 19 | | Code, is amended by adding Section 81.018 to read as follows: |
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| 20 | 20 | | Sec. 81.018. PUBLIC HEALTH DIRECTIVES. The department or a |
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| 21 | 21 | | health authority may issue a public health directive under this |
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| 22 | 22 | | chapter as the department or health authority determines necessary |
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| 23 | 23 | | to address an outbreak of a communicable disease or a public health |
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| 24 | 24 | | disaster or emergency only if the directive is not more stringent |
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| 25 | 25 | | than any public health directive for undocumented immigrants issued |
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| 26 | 26 | | by United States Immigration and Customs Enforcement. |
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| 27 | 27 | | SECTION 3. The changes in law made by this Act apply only to |
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| 28 | 28 | | a public health directive issued under Section 418.0165, Government |
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| 29 | 29 | | Code, or Section 81.018, Health and Safety Code, as added by this |
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| 30 | 30 | | Act, on or after the effective date of this Act. |
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| 31 | 31 | | SECTION 4. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect September 1, 2023. |
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