Bill Text: TX SB538 | 2015-2016 | 84th Legislature | Engrossed


Bill Title: Relating to the control of infectious diseases.

Spectrum: Slight Partisan Bill (Republican 6-3)

Status: (Engrossed - Dead) 2015-05-12 - Withdrawn from schedule [SB538 Detail]

Download: Texas-2015-SB538-Engrossed.html
 
 
  By: Schwertner, et al. S.B. No. 538
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the control of infectious diseases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 418, Government Code, is amended by
  adding Subchapter B-1 to read as follows:
  SUBCHAPTER B-1. STATE OF INFECTIOUS DISEASE EMERGENCY
         Sec. 418.031.  DECLARATION OF STATE OF INFECTIOUS DISEASE
  EMERGENCY. (a)  The governor by executive order or proclamation
  may declare a state of infectious disease emergency if the
  governor, in consultation with the commissioner of state health
  services and the division, finds that an infectious disease poses a
  serious and imminent risk to the health and safety of the citizens
  of this state.  An infectious disease poses a serious and imminent
  risk under this subsection if the commissioner determines that:
               (1)  the disease has resulted or is likely to result in
  severe or life-threatening illness or death for those infected with
  the disease; and
               (2)  the disease is not contained by current public
  health and medical interventions and is resulting in a high rate of
  morbidity or mortality.
         (b)  An executive order or proclamation issued under this
  section must include the name of the infectious disease and a
  description of the threat to public health and safety.
         (c)  An executive order or proclamation shall be
  disseminated promptly by means intended to bring its contents to
  the attention of the general public.  An order or proclamation
  shall be filed promptly with the division and the secretary of
  state.
         Sec. 418.032.  DURATION OF STATE OF EMERGENCY. (a)  Except
  as provided by this section, a state of emergency under this
  subchapter expires 30 days after the date the executive order or
  proclamation declaring the state of infectious disease emergency is
  issued.
         (b)  The governor may set a shorter period for the infectious
  disease state of emergency if the governor, in consultation with
  the commissioner of state health services and the division,
  determines that a shorter period is adequate and appropriate for
  the control of the infectious disease.
         (c)  The governor may, by executive order or proclamation,
  terminate the state of infectious disease emergency if the
  governor, in consultation with the commissioner of state health
  services and the division, finds that there is no longer a serious
  and imminent risk to the health and safety of the citizens of this
  state.
         (d)  The governor may, by executive order or proclamation,
  declare successive states of emergency, each not exceeding 30 days,
  if the governor, in consultation with the commissioner of state
  health services and the division, finds that the extension of the
  infectious disease state of emergency is necessary to protect the
  health and safety of the citizens of this state.
         Sec. 418.033.  EFFECT OF DECLARATION. (a)  An executive
  order or proclamation declaring a state of infectious disease
  emergency gives the commissioner of state health services authority
  for all state and local public health policy decisions, procedures,
  and disease control measures necessary to contain the infectious
  disease emergency.  The commissioner shall communicate with and
  consider input from local health authorities.
         (b)  The division shall issue specific statewide
  preparedness guidelines and procedures for local health and
  emergency management authorities in the case of a state of
  infectious disease emergency.
         Sec. 418.034.  RULES. The executive commissioner of the
  Health and Human Services Commission or the public safety director
  of the department may adopt rules necessary for carrying out the
  purposes of this subchapter.
         SECTION 2.  Section 81.008, Health and Safety Code, is
  amended to read as follows:
         Sec. 81.008.  COMMUNICABLE DISEASE IN ANIMALS; EXCHANGE OF
  INFORMATION.  (a)  If the department or a local health authority
  has reasonable cause to believe that an animal has been infected
  with, has been exposed to, or is the carrier of a communicable
  disease, the department, local health authority, or Texas Animal
  Health Commission may obtain a sample of the animal's blood or other
  bodily fluid to perform a test for an infectious disease without:
               (1)  the permission of the animal's owner; or
               (2)  a control order under Section 81.084.
         (b)  The Texas Animal Health Commission and the Texas A&M
  [University] Veterinary Medical Diagnostic Laboratory shall each
  adopt by rule a memorandum of understanding with the department to
  exchange information on communicable diseases in animals.
         SECTION 3.  Section 81.046, Health and Safety Code, is
  amended by amending Subsection (b) and adding Subsection (f-1) to
  read as follows:
         (b)  Reports, records, and information relating to cases or
  suspected cases of diseases or health conditions are not public
  information under Chapter 552, Government Code, and may not be
  released or made public on subpoena or otherwise except as provided
  by Subsections (c), (d), [and] (f), and (f-1).
         (f-1)  The department may release to a first responder, as
  defined by Section 421.095, Government Code, or a local health
  authority a person's name and the address of the person's current
  location if:
               (1)  the department reasonably believes that the person
  is infected with, has been exposed to, or is the carrier of a
  communicable disease; and
               (2)  the communicable disease poses a serious health
  risk to first responders that do not wear the appropriate personal
  protective equipment.
         SECTION 4.  Section 81.083, Health and Safety Code, is
  amended by amending Subsections (a), (b), and (e) and adding
  Subsection (d-1) to read as follows:
         (a)  Any person, including a physician, who examines or
  treats an individual who has a communicable disease, or the
  department or a local health authority, shall instruct the
  individual about:
               (1)  measures for preventing reinfection and spread of
  the disease; and
               (2)  the necessity for treatment until the individual
  is cured or free from the infection.
         (b)  If the department or a health authority has reasonable
  cause to believe that an individual is infected [ill] with, has been
  exposed to, or is the carrier of a communicable disease, the
  department or health authority may order the individual, or the
  individual's parent, legal guardian, or managing conservator if the
  individual is a minor, to implement control measures that are
  reasonable and necessary to prevent the introduction,
  transmission, and spread of the disease in this state. The order
  may require the individual to remain in a health care facility or
  other location, including the individual's home.
         (d-1)  A peace officer, including a sheriff or constable, may
  use reasonable force to:
               (1)  secure an individual subject to an order issued
  under Subsection (b); and
               (2)  except as directed by the department or the health
  authority, prevent the individual from leaving the facility or
  other location designated in the order.
         (e)  An individual may be subject to emergency detention
  under Section 81.0891 or court orders under Subchapter G if the
  individual is infected with, has been exposed to, or is the carrier
  of or is reasonably suspected of being infected with, having been
  exposed to, or being the carrier of a communicable disease that
  presents an immediate threat to the public health and:
               (1)  the individual, or the individual's parent, legal
  guardian, or managing conservator if the individual is a minor,
  does not comply with the written orders of the department or a
  health authority under this section; or
               (2)  a public health disaster exists, regardless of
  whether the department or health authority has issued a written
  order and the individual has indicated that the individual will not
  voluntarily comply with control measures.
         SECTION 5.  Section 81.084(j), Health and Safety Code, is
  amended to read as follows:
         (j)  In this section, "property" means:
               (1)  an object;
               (2)  a parcel of land; [or]
               (3)  an animal; or
               (4)  a structure[, animal,] or other property on a
  parcel of land.
         SECTION 6.  Sections 81.086(b), (c), and (i), Health and
  Safety Code, are amended to read as follows:
         (b)  If the department or health authority has reasonable
  cause to believe that a carrier or conveyance has departed from or
  traveled through an area infected or contaminated with a
  communicable disease or that an individual transported by the
  carrier or conveyance is infected with, has been exposed to, or is
  the carrier of a communicable disease, the department or health
  authority may order the owner, operator, or authorized agent in
  control of the carrier or conveyance to:
               (1)  stop the carrier or conveyance at a port of entry
  or place of first landing or first arrival in this state; and
               (2)  provide information on passengers and cargo
  manifests that includes the details of:
                     (A)  any illness suspected of being communicable
  that occurred during the journey;
                     (B)  any condition on board the carrier or
  conveyance during the journey that may lead to the spread of
  disease; and
                     (C)  any control measures imposed on the carrier
  or conveyance, its passengers or crew, or its cargo or any other
  object on board during the journey.
         (c)  The department or health authority may impose necessary
  technically feasible control measures under Section 81.083 or
  81.084 to prevent the introduction and spread of communicable
  disease in this state if the department or health authority, after
  inspection, has reasonable cause to believe that a carrier or
  conveyance:
               (1)  [that] has departed from or traveled through an
  infected or contaminated area and:
                     (A) [(1)]  is or may be infected or contaminated
  with a communicable disease; or
                     (B) [(2)]  has cargo or an object on board that is
  or may be infected or contaminated with a communicable disease; or
               (2) [(3)]  has an individual on board who is infected
  with, has been exposed to, or is the carrier of[,] a communicable
  disease.
         (i)  The department or health authority may require an
  individual transported by carrier or conveyance who the department
  or health authority has reasonable cause to believe is infected
  with, has been exposed to, or is the carrier of a communicable
  disease to be isolated from other travelers and to disembark with
  the individual's personal effects and baggage at the first location
  equipped with adequate investigative and disease control
  facilities, whether the person is in transit through this state or
  to an intermediate or ultimate destination in this state. The
  department or health authority may investigate and, if necessary,
  isolate or involuntarily hospitalize the individual until the
  department or health authority approves the discharge as authorized
  by Section 81.083.
         SECTION 7.  Subchapter E, Chapter 81, Health and Safety
  Code, is amended by adding Sections 81.0891, 81.0892, 81.0893,
  81.0894, and 81.0895 to read as follows:
         Sec. 81.0891.  EMERGENCY DETENTION OF INDIVIDUAL SUBJECT TO
  CONTROL ORDER. (a)  A peace officer, without a warrant, may take an
  individual into custody if the officer has reason to believe and
  does believe that:
               (1)  the individual is subject to a written control
  order under Section 81.083 issued in response to a communicable
  disease that the commissioner of state health services has
  determined poses a serious and imminent risk to health and safety
  because the disease:
                     (A)  has resulted or is likely to result in severe
  or life-threatening illness or death for those infected with the
  disease; and
                     (B)  is not contained by current public health and
  medical interventions and is resulting in a high rate of morbidity
  or mortality;
               (2)  the individual, or the individual's parent, legal
  guardian, or managing conservator if the individual is a minor, is
  not complying with or does not intend to comply with the control
  order; and
               (3)  there is a substantial risk of serious harm to
  others unless the individual is immediately detained.
         (b)  A substantial risk of serious harm to others under
  Subsection (a)(3) may be demonstrated by:
               (1)  a violation of a control order issued in response
  to a communicable disease described by Subsection (a)(1) by the
  individual or, if the individual is a minor, the individual's
  parent, legal guardian, or managing conservator;
               (2)  evidence of signs or symptoms of illness
  consistent with the signs or symptoms of a communicable disease
  described by Subsection (a)(1), to the extent that the person
  cannot remain at liberty; or
               (3)  information provided to the peace officer by the
  local health authority that issued the control order or the
  department.
         (c)  The peace officer may form the belief that the
  individual may be subject to emergency detention under this
  section:
               (1)  on information and belief from the local health
  authority that issued the control order or the department; or
               (2)  on the basis of the condition of the individual or
  the circumstances under which the individual is found.
         (d)  A peace officer who takes an individual into custody
  under Subsection (a) shall immediately transport or, if the
  individual's suspected illness may pose a serious health risk to
  the peace officer, arrange for transportation of the individual to:
               (1)  the nearest appropriate health facility, as
  determined by the department; or
               (2)  a location considered suitable by the department
  or local health authority, including the individual's home.
         (e)  In determining whether a health facility or location is
  appropriate for detention of a particular individual under
  Subsection (d), the department or local health authority shall, to
  the extent possible while still protecting the public health,
  attempt to keep family units together.
         (f)  In determining whether a health facility is appropriate
  for the detention of a person under Subsection (d)(1), the
  department shall consider the facility's capacity and resources and
  whether the facility is designated as a facility for containment
  and treatment of communicable diseases.
         (g)  A peace officer who takes an individual into custody
  under Subsection (a) shall immediately inform the individual orally
  in simple, nontechnical terms:
               (1)  of the reason for the detention;
               (2)  of the individual's rights under Section 81.0895;
  and
               (3)  that a staff member of the health facility, or the
  department or local health authority if the individual is detained
  at a location under Subsection (d)(2), will inform the individual
  of the individual's rights under Section 81.0895 not later than 24
  hours after the time the individual is admitted to the facility or
  detained at the other location, as applicable.
         Sec. 81.0892.  PEACE OFFICER'S NOTIFICATION OF DETENTION.
  (a)  A peace officer shall immediately file with a health facility,
  or the local health authority or the department if the individual is
  detained at a location under Section 81.0891(d)(2), a notification
  of detention after transporting an individual to that facility or
  location under Section 81.0891.
         (b)  The notification of detention must contain:
               (1)  a statement that the officer has reason to believe
  and does believe that:
                     (A)  the individual is the subject of a
  communicable disease control order under Section 81.083 in response
  to a communicable disease described by Section 81.0891(a)(1);
                     (B)  the individual, or the individual's parent,
  legal guardian, or managing conservator if the individual is a
  minor, is not complying with or does not intend to comply with the
  control order;
                     (C)  the individual evidences a substantial risk
  of serious harm to others; and
                     (D)  the risk of harm is imminent unless the
  person is immediately detained;
               (2)  a statement that the officer's beliefs are based on
  specific recent behavior, overt acts, attempts, statements, or
  threats that were observed by or reliably reported to the officer;
  and
               (3)  a detailed description of the specific behavior,
  overt acts, attempts, statements, or threats and, if applicable,
  the name of the person who reported or observed the behavior, acts,
  attempts, statements, or threats.
         (c)  If the individual is detained at a health facility under
  Section 81.0891(d)(1), the facility in which the individual is
  detained shall include in the detained individual's file the
  notification of detention described by this section.
         (d)  The peace officer shall give the notification of
  detention on the following form:
  Notification--Communicable Disease Emergency Detention
  NO. ____________________
  DATE:_______________TIME:_______________
  THE STATE OF TEXAS
  FOR THE BEST INTEREST AND PROTECTION OF:
  ______________________________________
  NOTIFICATION OF COMMUNICABLE DISEASE EMERGENCY DETENTION
  Now comes _____________________________, a peace officer with
  (name of agency) _____________________________, of the State of
  Texas, and states as follows:
  1.  I have reason to believe and do believe that (name of individual
  to be detained) __________________________ is the subject of a
  control order under Section 81.083, Health and Safety Code, issued
  in response to a communicable disease determined by the
  commissioner of state health services to pose a serious and
  imminent risk to health and safety.
  2.  I have reason to believe and do believe that the above-named
  individual (or, if applicable, the minor individual's parent, legal
  guardian, or managing conservator) is not complying with or does
  not intend to comply with the control order based on the following:
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  3.  I have reason to believe and do believe that the above-named
  individual evidences a substantial risk of serious harm to others
  based on the following:
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  4.  I have reason to believe and do believe that the risk of harm is
  imminent unless the above-named individual is immediately
  detained.
  5.  My beliefs are based on the following recent behavior, overt
  acts, attempts, statements, or threats observed by me or reliably
  reported to me:
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  6.  The names and addresses of those persons who reported or
  observed recent behavior, overt acts, attempts, statements, or
  threats of the above-named person are (if applicable):
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  For the above reasons, I present this notification to (name of
  health facility or local health authority or department)
  _________________________ for the detention of (name of individual
  to be detained) __________________________.
  7.  Was the individual restrained in any way? Yes □ No □
  _________________________BADGE NO. _____________________
  PEACE OFFICER'S SIGNATURE
  Address: _________________________ Zip Code: ____________________
  Telephone: ______________________
         (e)  A health facility, local health authority, or the
  department may not require a peace officer to execute any form other
  than the form provided by Subsection (d) as a condition of accepting
  for temporary admission an individual detained under Section
  81.0891.
         Sec. 81.0893.  ACCEPTANCE OF PERSON. A health facility
  shall temporarily accept an individual for whom a peace officer
  files a notification of detention under Section 81.0892(a).
         Sec. 81.0894.  RELEASE FROM DETENTION. (a)  An individual
  detained under Section 81.0891 may be detained in custody for not
  longer than 48 hours after the time the individual is presented to
  the health facility or location unless a written order for further
  custody or detention is obtained under Subchapter G.
         (b)  If the 48-hour period ends on a Saturday, Sunday, legal
  holiday, or before 4 p.m. on the first succeeding business day, the
  individual may be detained until 4 p.m. on the first succeeding
  business day. If the 48-hour period ends at a different time, the
  individual may be detained only until 4 p.m. on the day the 48-hour
  period ends.
         (c)  If extremely hazardous weather conditions exist or a
  disaster occurs, the presiding judge or magistrate may, by written
  order made each day, extend by an additional 24 hours the period
  during which the individual may be detained. The written order must
  declare that an emergency exists because of the weather or the
  occurrence of a disaster.
         Sec. 81.0895.  RIGHTS OF INDIVIDUALS DETAINED. (a)  An
  individual subject to emergency detention under Section 81.0891 has
  the right:
               (1)  to be advised of the location of detention, the
  reasons for the detention, and the fact that the detention could
  result in a longer period of court-ordered management;
               (2)  to a reasonable opportunity to communicate with
  and retain an attorney;
               (3)  to be released from a health facility as provided
  by Section 81.0894;
               (4)  to be advised that communications with a health
  professional, local health authority, or the department may be used
  in proceedings for further detention; and
               (5)  to a reasonable opportunity to communicate with a
  relative or other responsible person who has a proper interest in
  the individual's welfare.
         (b)  An individual detained under Section 81.0891 must:
               (1)  immediately be informed, orally in simple,
  nontechnical terms, of the individual's rights under this section
  by the peace officer at the time the peace officer takes the
  individual into custody under Section 81.0891; and
               (2)  not later than 24 hours after the time the
  individual is admitted to a health facility or detained in another
  location, as applicable, be informed of the rights provided by this
  section and this subchapter:
                     (A)  orally in simple, nontechnical terms and in
  writing in the person's primary language, if possible; or
                     (B)  through the use of a means reasonably
  calculated to communicate with a hearing or visually impaired
  individual, if applicable.
         (c)  The executive commissioner of the Health and Human
  Services Commission by rule shall prescribe the manner in which the
  individual is informed of the individual's rights under this
  subchapter.
         SECTION 8.  The heading to Subchapter G, Chapter 81, Health
  and Safety Code, is amended to read as follows:
  SUBCHAPTER G. COURT ORDERS FOR MANAGEMENT OF PERSONS WHO ARE
  INFECTED WITH, EXPOSED TO, OR CARRIERS OF COMMUNICABLE DISEASES
         SECTION 9.  Section 81.151(e), Health and Safety Code, is
  amended to read as follows:
         (e)  A single application may be filed for a group if:
               (1)  the department or health authority reasonably
  suspects that a group of five or more persons are infected with,
  have been [has been] exposed to, or are carriers of [infected with]
  a communicable disease; and
               (2)  each person in the group meets the criteria of this
  chapter for court orders for the management of a person who is
  infected with, has been exposed to, or is a carrier of a
  communicable disease.
         SECTION 10.  Section 81.1511, Health and Safety Code, is
  amended to read as follows:
         Sec. 81.1511.  APPLICABILITY OF SUBCHAPTER TO GROUP. To the
  extent possible, and except as otherwise provided, if a group
  application is filed under Section 81.151(e), the provisions of
  this subchapter apply to the group in the same manner as they apply
  to an individual, except that:
               (1)  except as provided by Subdivision (2), any
  statement or determination regarding the condition [conduct] or
  status of a person must be made in regard to the majority of the
  members of the group;
               (2)  any finding or statement related to compliance
  with orders under Section 81.083 must be made for the entire group;
               (3)  any notice required to be provided to a person
  must:
                     (A)  in addition to being sent to each individual
  in the group for whom the department or health authority has an
  address, be published in a newspaper of general circulation in the
  county that includes the area of the suspected contamination and
  any other county in which the department or health authority
  suspects a member of the group resides;
                     (B)  state that the group is appointed an attorney
  but that a member of the group is entitled to the member's own
  attorney on request; and
                     (C)  include instructions for any person who
  reasonably suspects that the person was at the place of the
  suspected exposure at the time of the suspected exposure to provide
  the person's name, address, and county of residence to the
  department or health authority; and
               (4)  an affidavit of medical evaluation for the group
  may be based on evaluation of one or more members of the group if the
  physician reasonably believes that the condition of the individual
  or individuals represents the condition of the majority of the
  members of the group.
         SECTION 11.  Section 81.152, Health and Safety Code, is
  amended to read as follows:
         Sec. 81.152.  FORM OF APPLICATION.  (a)  An application for
  a court order for the management of a person who is infected with,
  has been exposed to, or is a carrier of a communicable disease must
  be styled using the person's initials and not the person's full
  name.
         (b)  The application must state whether the application is
  for temporary or extended management of a person who is infected 
  with, has been exposed to, or is a carrier of a communicable
  disease.
         (c)  Any application must contain the following information
  according to the applicant's information and belief:
               (1)  the person's name and address;
               (2)  the person's county of residence in this state;
               (3)  a statement that the person is infected with, has
  been exposed to, or is the carrier of or is reasonably suspected of
  being infected with, having been exposed to, or being the carrier of
  a communicable disease that presents a threat to public health and
  that the person meets the criteria of this chapter for court orders
  for the management of a person with a communicable disease; and
               (4)  a statement, to be included only in an application
  for inpatient treatment, that the person fails or refuses to comply
  with written orders of the department or health authority under
  Section 81.083, if applicable.
         (d)  A group application must contain the following
  information according to the applicant's information and belief:
               (1)  a description of the group and the location where
  the members of the group may be found;
               (2)  a narrative of how the members of the group have
  become infected with, were [has been] exposed to, or became
  carriers of the communicable disease [infected];
               (3)  an estimate of how many persons are included in the
  group;
               (4)  to the extent known, a list containing the name,
  address, and county of residence in this state of each member of the
  group;
               (5)  if the applicant is unable to obtain the name and
  address of each member of the group:
                     (A)  a statement that the applicant has sought
  each of the unknown names and addresses; and
                     (B)  the reason that the names and addresses are
  unavailable; and
               (6)  a statement, to be included only in an application
  for inpatient treatment, that the members of the group fail or
  refuse to comply with written orders of the department or health
  authority under Section 81.083, if applicable.
         SECTION 12.  Section 81.153(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The judge shall appoint an attorney to represent a
  person not later than the 24th hour after the time an application
  for a court order for the management of a person who is infected
  with, has been exposed to, or is the carrier of a communicable
  disease is filed if the person does not have an attorney. The judge
  shall also appoint a language or sign interpreter if necessary to
  ensure effective communication with the attorney in the person's
  primary language.
         SECTION 13.  Section 81.158(a), Health and Safety Code, is
  amended to read as follows:
         (a)  An affidavit of medical evaluation must be dated and
  signed by the commissioner or the commissioner's designee, or by a
  health authority with the concurrence of the commissioner or the
  commissioner's designee. The certificate must include:
               (1)  the name and address of the examining physician,
  if applicable;
               (2)  the name and address of the person examined or to
  be examined;
               (3)  the date and place of the examination, if
  applicable;
               (4)  a brief diagnosis of the examined person's
  physical and mental condition, if applicable;
               (5)  the period, if any, during which the examined
  person has been under the care of the examining physician;
               (6)  an accurate description of the health treatment,
  if any, given by or administered under the direction of the
  examining physician; and
               (7)  the opinion of the health authority or department
  and the reason for that opinion, including laboratory reports,
  that:
                     (A)  the examined person is infected with, has
  been exposed to, or is the carrier of or is reasonably suspected of
  being infected with, having been exposed to, or being the carrier of
  a communicable disease that presents a threat to public health; and
                     (B)  as a result of that communicable disease the
  examined person:
                           (i)  is likely to cause serious harm to self
  [himself]; or
                           (ii)  will, if not examined, observed, or
  treated, continue to endanger public health.
         SECTION 14.  Section 81.159(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The commissioner shall designate health care facilities
  throughout the state that are capable of providing services for the
  examination, observation, isolation, or treatment of persons
  having or suspected of being infected with, having been exposed to,
  or being a carrier of [having] a communicable disease. However, the
  commissioner may not designate:
               (1)  a nursing home or custodial care home required to
  be licensed under Chapter 242; or
               (2)  an intermediate care facility for persons with an
  intellectual or developmental disability [the mentally retarded]
  required to be licensed under Chapter 252.
         SECTION 15.  Sections 81.161(a) and (c), Health and Safety
  Code, are amended to read as follows:
         (a)  A motion for an order of protective custody may be filed
  only in the court in which an application for a court order for the
  management of a person who is infected with, has been exposed to, or
  is the carrier of a communicable disease is pending.
         (c)  The motion must state that:
               (1)  the department or health authority has reason to
  believe and does believe that the person meets the criteria
  authorizing the court to order protective custody; and
               (2)  the belief is derived from:
                     (A)  the representations of a credible person;
                     (B)  the condition [conduct] of the person who is
  the subject of the motion; or
                     (C)  the circumstances under which the person is
  found.
         SECTION 16.  Sections 81.162(a) and (f), Health and Safety
  Code, are amended to read as follows:
         (a)  The judge or designated magistrate may issue a
  protective custody order if the judge or magistrate determines:
               (1)  that the health authority or department has stated
  its opinion and the detailed basis for its opinion that the person
  is infected with, has been exposed to, or is the carrier of or is
  reasonably suspected of being infected with, having been exposed
  to, or being the carrier of a communicable disease that presents an
  immediate threat to the public health; and
               (2)  that the person fails or refuses to comply with the
  written orders of the health authority or the department under
  Section 81.083, if applicable.
         (f)  Notwithstanding Section 81.161 or Subsection (c), a
  judge or magistrate may issue a temporary protective custody order
  before the filing of an application for a court order for the
  management of a person who is infected with, has been exposed to, or
  is a carrier of a communicable disease under Section 81.151 if:
               (1)  the judge or magistrate takes testimony that an
  application under Section 81.151, together with a motion for
  protective custody under Section 81.161, will be filed with the
  court on the next business day; and
               (2)  the judge or magistrate determines based on
  evidence taken under Subsection (d) that there is probable cause to
  believe that the person presents a substantial risk of serious harm
  to self [himself] or others to the extent that the person cannot be
  at liberty pending the filing of the application and motion.
         SECTION 17.  Section 81.165(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A hearing must be held to determine if:
               (1)  there is probable cause to believe that a person
  under a protective custody order presents a substantial risk of
  serious harm to the person [himself] or others to the extent that
  the person cannot be at liberty pending the hearing on a court order
  for the management of a person with a communicable disease; and
               (2)  the health authority or department has stated its
  opinion and the detailed basis for its opinion that the person is
  infected with, has been exposed to, or is the carrier of or is
  reasonably suspected of being infected with, having been exposed
  to, or being the carrier of a communicable disease that presents an
  immediate threat to public health.
         SECTION 18.  Section 81.166(d), Health and Safety Code, is
  amended to read as follows:
         (d)  The notification of probable cause hearing shall read as
  follows:
  (Style of Case)
  NOTIFICATION OF PROBABLE CAUSE HEARING
         On this the _____ day of _________________, 20__ [19__], the
  undersigned hearing officer heard evidence concerning the need for
  protective custody of ___________ (hereinafter referred to as
  proposed patient). The proposed patient was given the opportunity
  to challenge the allegations that the proposed patient [(s)he]
  presents a substantial risk of serious harm to self or others.
         The proposed patient and the proposed patient's [his or her]
  attorney _________________________ have been given written notice
  that the proposed patient was placed under an order of protective
  custody and the reasons for such order on ___________ (date of
  notice).
         I have examined the affidavit of medical evaluation and
  ________________ (other evidence considered). Based on this
  evidence, I find that there is probable cause to believe that the
  proposed patient presents a substantial risk of serious harm to
  self [himself or herself] (yes ____ or no ____) or others (yes ____
  or no ____) such that the proposed patient [(s)he] cannot be at
  liberty pending final hearing because the proposed patient [(s)he]
  is infected with, has been exposed to, or is the carrier of or is
  reasonably suspected of being infected with, having been exposed
  to, or being the carrier of a communicable disease that presents an
  immediate threat to the public health and the proposed patient 
  [(s)he] has failed or refused to comply with the orders of the
  health authority or the Texas Department of Health delivered on
  __________ (date of service) ____________.
         SECTION 19.  Section 81.167(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The head of a facility or the facility head's designee
  shall detain a person under a protective custody order in the
  facility pending a court order for the management of a person who is
  infected with, has been exposed to, or is a carrier of a
  communicable disease or until the person is released or discharged
  under Section 81.168.
         SECTION 20.  Section 81.168(c), Health and Safety Code, is
  amended to read as follows:
         (c)  The head of a facility shall discharge a person held
  under a protective custody order if:
               (1)  the head of the facility does not receive notice
  within 72 hours after detention begins, excluding Saturdays,
  Sundays, legal holidays, the period prescribed by Section 81.165(b)
  for an extreme weather emergency, and the duration of a public
  health disaster, that a probable cause hearing was held and the
  person's continued detention was authorized;
               (2)  a final court order for the management of a person
  who is infected with, has been exposed to, or is a carrier of a
  communicable disease has not been entered within the time
  prescribed by Section 81.154; or
               (3)  the health authority or commissioner determines
  that the person no longer meets the criteria for protective custody
  prescribed by Section 81.162.
         SECTION 21.  Section 81.169(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Except as provided by Subsection (b), the judge may hold
  a hearing on an application for a court order for the management of
  a person who is infected with, has been exposed to, or is a carrier
  of a communicable disease at any suitable location in the county.
  The hearing should be held in a physical setting that is not likely
  to have a harmful effect on the public or the person.
         SECTION 22.  Section 81.170(f), Health and Safety Code, is
  amended to read as follows:
         (f)  The jury shall determine if the person is infected with,
  has been exposed to, or is the carrier of or is reasonably suspected
  of being infected with, having been exposed to, or being the carrier
  of a communicable disease that presents a threat to the public
  health and, if the application is for inpatient treatment, has
  refused or failed to follow the orders of the health authority. The
  jury may not make a finding about the type of services to be
  provided to the person.
         SECTION 23.  Section 81.171(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The court shall enter an order denying an application
  for a court order for temporary or extended management if after a
  hearing the judge or jury fails to find, from clear and convincing
  evidence, that the person:
               (1)  is infected with, has been exposed to, or is the
  carrier of or is reasonably suspected of being infected with,
  having been exposed to, or being the carrier of a communicable
  disease that presents a threat to the public health;
               (2)  has refused or failed to follow the orders of the
  health authority if the application is for inpatient treatment; and
               (3)  meets the applicable criteria for orders for the
  management of a person who is infected with, has been exposed to, or
  is a carrier of a communicable disease.
         SECTION 24.  Section 81.172(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The judge or jury may determine that a person requires
  court-ordered examination, observation, isolation, or treatment
  only if the judge or jury finds, from clear and convincing evidence,
  that:
               (1)  the person is infected with, has been exposed to,
  or is the carrier of or is reasonably suspected of being infected
  with, having been exposed to, or being the carrier of a communicable
  disease that presents a threat to the public health and, if the
  application is for inpatient treatment, has failed or refused to
  follow the orders of the health authority or department; and
               (2)  as a result of the communicable disease the
  person:
                     (A)  is likely to cause serious harm to self 
  [himself]; or
                     (B)  will, if not examined, observed, isolated, or
  treated, continue to endanger public health.
         SECTION 25.  Section 81.174(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The judge shall dismiss the jury, if any, after a
  hearing in which a person is found:
               (1)  to be infected with, to have been exposed to, or to
  be the carrier of or to be reasonably suspected of being infected
  with, having been exposed to, or being a carrier of a communicable
  disease;
               (2)  to have failed or refused to follow the orders of a
  health authority or the department if the application is for
  inpatient treatment; and
               (3)  to meet the criteria for orders for the management
  of a patient who is infected with, has been exposed to, or is a
  carrier of a communicable disease.
         SECTION 26.  Section 81.176, Health and Safety Code, is
  amended to read as follows:
         Sec. 81.176.  DESIGNATION OF FACILITY. In a court order for
  the temporary or extended management of a person who is infected
  with, has been exposed to, or is a carrier of a communicable disease
  specifying inpatient care, the court shall commit the person to a
  health care facility designated by the commissioner or a health
  authority in accordance with Section 81.159.
         SECTION 27.  Section 81.183(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The court shall appoint an attorney to represent the
  person if a hearing is scheduled. The person shall be given notice
  of the matters to be considered at the hearing. The notice must
  comply with the requirements of Section 81.155 for notice before a
  hearing on an application for court orders for the management of a
  person who is infected with, has been exposed to, or is a carrier of
  a communicable disease.
         SECTION 28.  Section 81.186(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The court may modify an order for outpatient services at
  the modification hearing if the court determines that the person
  continues to meet the applicable criteria for court orders for the
  management of a person who is infected with, has been exposed to, or
  is a carrier of a communicable disease and that:
               (1)  the person has not complied with the court's order;
  or
               (2)  the person's condition has deteriorated to the
  extent that outpatient services are no longer appropriate.
         SECTION 29.  Section 81.188(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The court may set aside an order for the management of a
  person who is infected with, has been exposed to, or is a carrier of
  a communicable disease and grant a motion for rehearing for good
  cause shown.
         SECTION 30.  Section 81.190(d), Health and Safety Code, is
  amended to read as follows:
         (d)  The hearing is held before the court and without a jury.
  The hearing must be held in accordance with the requirements for a
  hearing on an application for a court order for the management of a
  person who is infected with, has been exposed to, or is a carrier of
  a communicable disease.
         SECTION 31.  Section 81.191(a), Health and Safety Code, is
  amended to read as follows:
         (a)  An appeal from an order for the management of a person
  who is infected with, has been exposed to, or is a carrier of a
  communicable disease, or from a renewal or modification of an
  order, must be filed in the court of appeals for the county in which
  the order is entered.
         SECTION 32.  Section 81.193(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The head of a facility may permit a person admitted to
  the facility under order for extended inpatient management of a
  person who is infected with, has been exposed to, or is a carrier of
  a communicable disease to leave the facility under a pass.
         SECTION 33.  Chapter 81, Health and Safety Code, is amended
  by adding Subchapters J and K to read as follows:
  SUBCHAPTER J. TASK FORCE ON INFECTIOUS DISEASE PREPAREDNESS AND
  RESPONSE
         Sec. 81.401.  DEFINITION. In this subchapter, "task force"
  means the Task Force on Infectious Disease Preparedness and
  Response.
         Sec. 81.402.  PURPOSE AND FINDINGS. The legislature finds
  that:
               (1)  infectious diseases are responsible for more
  deaths worldwide than any other single cause;
               (2)  the State of Texas has a responsibility to
  safeguard and protect the health and well-being of its citizens
  from the spread of infectious diseases;
               (3)  on September 30, 2014, the first case of Ebola
  diagnosed in the United States occurred in Dallas, Texas;
               (4)  addressing infectious diseases requires the
  coordination and cooperation of multiple governmental entities at
  the local, state, and federal levels;
               (5)  public health and medical preparedness and
  response guidelines are crucial to protect the safety and welfare
  of our citizens; and
               (6)  Texas has nationally recognized infectious
  disease experts and other highly trained professionals across the
  state with the experience needed to minimize any potential risk to
  the people of Texas.
         Sec. 81.403.  TASK FORCE; DUTIES.  (a)  The Task Force on
  Infectious Disease Preparedness and Response is created as an
  advisory panel to the governor.
         (b)  The task force shall:
               (1)  provide expert, evidence-based assessments,
  protocols, and recommendations related to state responses to
  infectious diseases, including Ebola; and
               (2)  serve as a reliable and transparent source of
  information and education for Texas leadership and citizens.
         Sec. 81.404.  APPOINTMENT OF MEMBERS; TERMS.  (a)  The
  governor may appoint members of the task force as necessary,
  including members from relevant state agencies, members with
  expertise in infectious diseases and other issues involved in the
  prevention of the spread of infectious diseases, and members from
  institutions of higher education in this state.  The governor shall
  appoint to the task force:
               (1)  at least one member who is a representative of a
  local health authority serving a rural area; and
               (2)  at least one member who is a representative of a
  local health authority serving an urban area.
         (b)  The governor shall appoint a director of the task force
  from among the members of the task force.
         (c)  The governor may fill any vacancy that occurs on the
  task force and may appoint additional members as needed.
         (d)  Members of the task force serve at the pleasure of the
  governor.
         (e)  A state or local employee appointed to the task force
  shall perform any duties required by the task force in addition to
  the regular duties of the employee.
         Sec. 81.405.  REPORTS. The task force may make written
  reports on its findings and recommendations, including legislative
  recommendations, to the governor and legislature.
         Sec. 81.406.  MEETINGS. (a)  The task force shall meet at
  times and locations as determined by the director of the task force.
         (b)  The task force may meet telephonically.
         (c)  The task force may hold public hearings to gather
  information.  The task force shall endeavor to meet in various parts
  of the state to encourage local input.
         (d)  The task force may meet in executive session to discuss
  matters that are confidential by state or federal law or to ensure
  public security or law enforcement needs.
         Sec. 81.407.  ADMINISTRATIVE SUPPORT. State agencies with
  members on the task force shall provide administrative support for
  the task force.
         Sec. 81.408.  REIMBURSEMENT. Task force members serve
  without compensation and are not entitled to reimbursement for
  travel expenses.
  SUBCHAPTER K. STATEWIDE INFECTIOUS DISEASE CONTROL MEASURES;
  PREPARATION
         Sec. 81.451.  PERSONAL PROTECTIVE EQUIPMENT. (a)  In this
  section, "personal protective equipment" means specialized
  clothing or equipment worn for protection against infectious
  materials.
         (b)  The department shall establish a stockpile, or regional
  stockpiles, of personal protective equipment to support responses
  to infectious disease emergencies in the state, if funds are
  appropriated for the purposes of this section.
         Sec. 81.452.  MOBILE APPLICATION. The department may
  contract to establish a mobile application for wireless
  communications devices that might be used by health officials and
  health care providers to monitor the spread of an infectious
  disease in real time.
         Sec. 81.453.  PORTABLE MEDICAL WASTE TREATMENT. The
  department, the Texas Department of Transportation, and the Texas
  Commission on Environmental Quality shall:
               (1)  evaluate portable treatment options for medical
  waste to render pathogens in that waste noninfectious; and
               (2)  develop procedures to rapidly deploy the portable
  treatment options through vendor contracts or state purchase.
         SECTION 34.  Subchapter B, Chapter 716, Health and Safety
  Code, is amended by adding Section 716.055 to read as follows:
         Sec. 716.055.  EXCEPTION:  DEPARTMENT OF STATE HEALTH
  SERVICES AUTHORIZATION. (a)  A crematory establishment may
  cremate the deceased person's human remains without receipt of a
  cremation authorization form signed by the authorizing agent if the
  Department of State Health Services certifies that:
               (1)  the deceased person was infected with, was exposed
  to, or was a carrier of a communicable disease that presents a
  threat to public health; and
               (2)  burial of the body would pose a public health risk.
         (b)  The Texas Funeral Service Commission may adopt rules
  necessary to implement this section.
         SECTION 35.  The heading to Section 716.204, Health and
  Safety Code, is amended to read as follows:
         Sec. 716.204.  IMMUNITY FROM CRIMINAL AND CIVIL LIABILITY[;
  WRITTEN DIRECTIONS].
         SECTION 36.  Section 716.204, Health and Safety Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  If Section 716.055(a) applies, a cemetery organization,
  a business operating a crematory or columbarium, a funeral
  director, an embalmer, or a funeral establishment is not criminally
  liable or liable in a civil action for cremating the human remains
  of a deceased person.
         SECTION 37.  The Department of State Health Services, the
  Texas Animal Health Commission, the Texas A&M Veterinary Medical
  Diagnostic Laboratory, and the Texas A&M College of Veterinary
  Medicine and Biomedical Sciences shall:
               (1)  review documents published or updated by the
  federal Centers for Disease Control and Prevention and the United
  States Department of Agriculture providing guidance on infection
  control measures, including quarantine, for pets and livestock
  animals exposed to infectious diseases;
               (2)  incorporate the recommendations of the federal
  Centers for Disease Control and Prevention and the United States
  Department of Agriculture in developing and revising guidelines for
  this state to use in preventing the spread of infectious disease
  through pets and livestock;
               (3)  evaluate the current facilities and capabilities
  of this state to implement the guidelines adopted under Subdivision
  (2) of this section, including an evaluation of the sufficiency and
  capacity of available quarantine facilities;
               (4)  solicit public feedback in developing any
  recommendations for legislative, administrative, or executive
  action to address perceived problems; and
               (5)  submit a report on any findings, evaluations, and
  recommendations to the governor and the legislature not later than
  December 1, 2016.
         SECTION 38.  (a) Not later than December 1, 2015, the
  Department of State Health Services shall submit a report to the
  legislature regarding the preparedness of this state for containing
  an infectious disease outbreak.
         (b)  The report under this section must include:
               (1)  any progress that the department has made on
  implementing recommendations of the Task Force on Infectious
  Disease Preparedness and Response;
               (2)  recommendations for statutory changes that are
  necessary to enable the department to implement the recommendations
  of the Task Force on Infectious Disease Preparedness and Response;
               (3)  a cost analysis for the implementation of any
  recommendations of the Task Force on Infectious Disease
  Preparedness and Response that the department determines are not
  possible to implement using existing resources;
               (4)  an evaluation of portable medical waste treatment
  options under Section 81.453, Health and Safety Code, as added by
  this Act, proposed procedures for deploying the portable treatment
  options, any projected costs for those treatments, and any
  legislative recommendations necessary to implement any proposed
  portable medical waste treatment solutions; and
               (5)  any recommendations for legislation or other
  measures that would assist the department in preparing for an
  infectious disease outbreak.
         (c)  The Department of State Health Services shall
  coordinate with other state agencies as necessary to complete the
  report under this section.  The report must specify if the
  department determines that a recommendation be implemented by
  another state agency.
         SECTION 39.  (a)  On the effective date of this Act, a member
  serving on the Task Force on Infectious Disease Preparedness and
  Response created by executive order of the governor continues to
  serve on the Task Force on Infectious Disease Preparedness and
  Response under Subchapter J, Chapter 81, Health and Safety Code, as
  added by this Act.
         (b)  As soon as practicable after the effective date of this
  Act, the governor shall make any appointments to the Task Force on
  Infectious Disease Preparedness and Response required under
  Subchapter J, Chapter 81, Health and Safety Code, as added by this
  Act.
         SECTION 40.  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, 2015.
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