Bill Text: TX SB968 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to public health disaster and public health emergency preparedness and response; providing a civil penalty.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2021-06-16 - Effective immediately [SB968 Detail]
Download: Texas-2021-SB968-Introduced.html
Bill Title: Relating to public health disaster and public health emergency preparedness and response; providing a civil penalty.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2021-06-16 - Effective immediately [SB968 Detail]
Download: Texas-2021-SB968-Introduced.html
87R8397 SCL-D | ||
By: Kolkhorst | S.B. No. 968 |
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relating to public health disaster and public health emergency | ||
preparedness and response; providing a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 418, Government Code, is | ||
amended by adding Section 418.0435 to read as follows: | ||
Sec. 418.0435. PERSONAL PROTECTIVE EQUIPMENT CONTRACTS. | ||
(a) The division shall enter into a contract with a manufacturer of | ||
personal protective equipment that guarantees the division is given | ||
priority in the purchase of the equipment over other persons, | ||
including other states and local governments, during a public | ||
health disaster declared under Section 81.0813, Health and Safety | ||
Code. | ||
(b) The division may purchase personal protective equipment | ||
under a contract described by Subsection (a) only if: | ||
(1) a public health disaster is declared by the | ||
commissioner of state health services under Section 81.0813, Health | ||
and Safety Code; and | ||
(2) the division determines the state's supply of | ||
personal protective equipment will be insufficient based on an | ||
evaluation of the personal protective equipment: | ||
(A) held in reserve in this state; and | ||
(B) supplied by or expected to be supplied by the | ||
federal government. | ||
(c) The division shall pursue all available federal funding | ||
to cover the costs of personal protective equipment purchased under | ||
a contract described by Subsection (a). | ||
SECTION 2. Section 81.003, Health and Safety Code, is | ||
amended by amending Subdivision (7) and adding Subdivision (7-a) to | ||
read as follows: | ||
(7) "Public health disaster" means: | ||
(A) a declaration by the governor of a state of | ||
disaster; and | ||
(B) a determination by the commissioner that | ||
there exists an immediate threat from a communicable disease that: | ||
(i) poses a high risk of death or serious | ||
harm [ |
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(ii) creates a substantial risk of harmful | ||
public exposure [ |
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(7-a) "Public health emergency" means a determination | ||
by the commissioner, evidenced in an emergency order issued by the | ||
commissioner, that there exists an immediate threat from a | ||
communicable disease, health condition, or chemical, biological, | ||
radiological, or electromagnetic exposure that: | ||
(A) potentially poses a risk of death or severe | ||
illness or harm to the public; and | ||
(B) potentially creates a substantial risk of | ||
harmful exposure to the public. | ||
SECTION 3. The heading to Subchapter B, Chapter 81, Health | ||
and Safety Code, is amended to read as follows: | ||
SUBCHAPTER B. PREVENTION AND PREPAREDNESS | ||
SECTION 4. Subchapter B, Chapter 81, Health and Safety | ||
Code, is amended by adding Sections 81.025 and 81.026 to read as | ||
follows: | ||
Sec. 81.025. PREPAREDNESS PLANNING WITH OTHER STATE | ||
AGENCIES. (a) The department, the commission, and the Texas | ||
Division of Emergency Management shall jointly: | ||
(1) conduct annual local and regional public health | ||
disaster and public health emergency planning; and | ||
(2) develop standard and uniform protocols for public | ||
health disasters and public health emergencies. | ||
(b) The department, the commission, and the Texas Division | ||
of Emergency Management shall develop and enter into a memorandum | ||
of understanding to clearly define the roles of each agency during a | ||
public health disaster and during a public health emergency. | ||
Sec. 81.026. HEALTH FACILITY PREPAREDNESS. (a) In this | ||
section, "facility" means a health facility licensed by the | ||
commission under Title 4. | ||
(b) The executive commissioner by rule shall establish: | ||
(1) a public health disaster and public health | ||
emergency plan for facilities; | ||
(2) minimum standards for the public health disaster | ||
and public health emergency plans developed by each facility; and | ||
(3) the minimum requirements for the amount of | ||
personal protective equipment to be held in reserve by each | ||
facility for use during a public health disaster or public health | ||
emergency. | ||
(c) Each facility shall develop and annually update a public | ||
health disaster and public health emergency plan for the facility. | ||
SECTION 5. Section 81.044, Health and Safety Code, is | ||
amended by adding Subsection (b-1) to read as follows: | ||
(b-1) In this subsection, "cycle threshold value" means for | ||
a communicable disease test the number of thermal cycles required | ||
for the fluorescent signal to exceed that of the background and | ||
cross the threshold for a positive test. The executive | ||
commissioner shall require the reports to contain the cycle | ||
threshold values and their reference ranges for the reportable | ||
disease that is the subject of the report. | ||
SECTION 6. Section 81.081, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 81.081. DEPARTMENT'S DUTY. The department shall | ||
coordinate statewide or regional efforts and collaborate with local | ||
elected officials, including county officials, [ |
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SECTION 7. Subchapter E, Chapter 81, Health and Safety | ||
Code, is amended by adding Sections 81.0813, 81.0814, 81.0815, and | ||
81.0816 to read as follows: | ||
Sec. 81.0813. AUTHORITY TO DECLARE PUBLIC HEALTH DISASTER | ||
OR ORDER PUBLIC HEALTH EMERGENCY. (a) The commissioner may declare | ||
a statewide or regional public health disaster or order a statewide | ||
or regional public health emergency if the commissioner determines | ||
an occurrence or threat to public health is imminent. The | ||
commissioner may declare a public health disaster only if the | ||
governor declares a state of disaster under Chapter 418, Government | ||
Code, for the occurrence or threat. | ||
(b) Except as provided by Subsection (c), a public health | ||
disaster or public health emergency continues until the governor or | ||
commissioner terminates the disaster or emergency on a finding | ||
that: | ||
(1) the threat or danger has passed; or | ||
(2) the disaster or emergency has been managed to the | ||
extent emergency conditions no longer exist. | ||
(c) A public health disaster or public health emergency | ||
expires on the 30th day after the date the disaster or emergency is | ||
declared or ordered unless the disaster or emergency is renewed by | ||
the commissioner. A public health disaster or public health | ||
emergency renewed by the commissioner expires on the 60th day after | ||
the date the disaster or emergency is declared or ordered unless the | ||
disaster or emergency is renewed by the legislature or a designated | ||
legislative board. | ||
(d) A declaration or order issued under this section must | ||
include: | ||
(1) a description of the nature of the disaster or | ||
emergency; | ||
(2) a designation of the area threatened by the | ||
disaster or emergency; | ||
(3) a description of the condition that created the | ||
disaster or emergency; and | ||
(4) if applicable: | ||
(A) the reason for renewing the disaster or | ||
emergency; or | ||
(B) the reason for terminating the disaster or | ||
emergency. | ||
(e) A declaration or order issued under this section must be | ||
disseminated promptly by means intended to bring its contents to | ||
the public's attention. A statewide or regional declaration or | ||
order shall be filed promptly with the office of the governor and | ||
the secretary of state. A regional declaration or order shall be | ||
filed with the county clerk or municipal secretary in each area to | ||
which it applies, unless the circumstances attendant on the | ||
disaster or emergency prevent or impede the filing. | ||
Sec. 81.0814. EFFECT OF PUBLIC HEALTH DISASTER. (a) During | ||
a public health disaster, the commissioner may: | ||
(1) require without the adoption of a rule and in the | ||
format and manner prescribed by the commissioner: | ||
(A) reports of communicable diseases or other | ||
health conditions; and | ||
(B) additional reporting of information related | ||
to the disaster from local health authorities, health care | ||
providers, health care facilities, and laboratories; | ||
(2) waive the fee required under Section 12.033 for | ||
any type of vaccine, serum, or therapeutic the commissioner | ||
determines is needed to respond to the disaster; | ||
(3) authorize the issuance of control measure orders | ||
under Section 81.083 or 81.084 by electronic delivery in accordance | ||
with this section if necessary to respond to the disaster; and | ||
(4) in accordance with rules adopted by the Texas | ||
Medical Board and subject to Subsection (d), issue a statewide or | ||
regional standing delegation order for the performance of acts | ||
necessary to respond to the disaster. | ||
(b) During a public health disaster, the commissioner | ||
shall: | ||
(1) to the extent possible, collaborate with an entity | ||
required to report under Subsection (a)(1)(B) to plan and implement | ||
a standardized and efficient method for submitting information to | ||
the department; and | ||
(2) determine the information in the reports and | ||
records related to the cases or suspected cases of communicable | ||
diseases or health conditions that are the subject of the disaster | ||
that may be released to: | ||
(A) a local health authority or public health | ||
region designated by the department under Section 121.007; | ||
(B) law enforcement personnel, first responders, | ||
and computer-aided dispatch systems solely for the purpose of | ||
protecting the health or life of a first responder or the person | ||
identified in the report, record, or information; | ||
(C) a county judge or the mayor of a | ||
municipality; or | ||
(D) a local emergency management coordinator of a | ||
political subdivision. | ||
(c) Electronic delivery of a control measure order | ||
authorized under Subsection (a)(3) is in addition to a delivery | ||
method authorized under Section 81.083 or 81.084, as applicable. | ||
To issue a control measure order electronically, the commissioner | ||
must obtain the consent of the individual to whom the order is | ||
issued. | ||
(d) If the commissioner is not a physician licensed to | ||
practice medicine in this state, the department's chief medical | ||
executive may issue a standing delegation order under Subsection | ||
(a)(4). The Texas Medical Board may not take disciplinary action | ||
against the commissioner or executive for issuing a standing | ||
delegation order in accordance with this section. The commissioner | ||
or executive is not liable for an act performed under a standing | ||
delegation order issued in accordance with this section. | ||
Sec. 81.0815. EFFECT OF PUBLIC HEALTH EMERGENCY ORDER. (a) | ||
During a public health emergency, the commissioner may: | ||
(1) require, without the adoption of a rule and in the | ||
format and manner prescribed by the commissioner, reports of | ||
communicable diseases or other health conditions; | ||
(2) waive the fee required under Section 12.033 for | ||
any type of vaccine, serum, or therapeutic the commissioner | ||
determines is needed to respond to the emergency; and | ||
(3) in accordance with rules adopted by the Texas | ||
Medical Board and subject to Subsection (b), issue a statewide or | ||
regional standing delegation order for the performance of acts | ||
necessary to respond to the emergency. | ||
(b) If the commissioner is not a physician licensed to | ||
practice medicine in this state, the department's chief medical | ||
executive may issue a standing delegation order under Subsection | ||
(a)(3). The Texas Medical Board may not take disciplinary action | ||
against the commissioner or chief medical executive for issuing a | ||
standing delegation order in accordance with this section. The | ||
commissioner or executive is not liable for an act performed under a | ||
standing delegation order issued in accordance with this section. | ||
Sec. 81.0816. FAILURE TO REPORT; CIVIL PENALTY. (a) A | ||
person who fails to submit a report required under Section 81.0814 | ||
or 81.0815 is liable to this state for a civil penalty of not more | ||
than $1,000 for each failure. | ||
(b) The attorney general at the request of the department | ||
may bring an action to collect a civil penalty imposed under this | ||
section. | ||
SECTION 8. Subchapter C, Chapter 1001, Health and Safety | ||
Code, is amended by adding Section 1001.0515 to read as follows: | ||
Sec. 1001.0515. OFFICE OF CHIEF STATE EPIDEMIOLOGIST. (a) | ||
The commissioner shall: | ||
(1) establish an Office of Chief State Epidemiologist | ||
within the department to provide expertise in public health | ||
activities and policy in this state by: | ||
(A) evaluating epidemiologic, medical, and | ||
health care information; and | ||
(B) identifying pertinent research and | ||
evidence-based best practices; and | ||
(2) appoint a physician licensed to practice medicine | ||
in this state as the chief state epidemiologist to administer the | ||
Office of Chief State Epidemiologist. | ||
(b) The chief state epidemiologist must: | ||
(1) be board certified in a medical specialty; and | ||
(2) have significant experience in public health and | ||
an advanced degree in public health, epidemiology, or a related | ||
field. | ||
(c) The chief state epidemiologist serves as: | ||
(1) the department expert on epidemiological matters | ||
and on communicable and noncommunicable diseases; and | ||
(2) the department's senior science representative and | ||
primary contact for the Centers for Disease Control and Prevention | ||
and other federal agencies related to epidemiologic science and | ||
disease surveillance. | ||
(d) The chief state epidemiologist may provide professional | ||
and scientific consultation regarding epidemiology and disease | ||
control, harmful exposure, and injury prevention to state agencies, | ||
health facilities, health service regions, local health | ||
authorities, local health departments, and other entities. | ||
(e) Notwithstanding any other law, the chief state | ||
epidemiologist may access information from the department to | ||
implement duties of the epidemiologist's office. Reports, records, | ||
and information provided to the Office of Chief State | ||
Epidemiologist that relate to an epidemiologic or toxicologic | ||
investigation of human illness or conditions and of environmental | ||
exposure that are harmful or believed to be harmful to the public | ||
health are confidential and not subject to disclosure under Chapter | ||
552, Government Code, and may not be released or made public on | ||
subpoena or otherwise, except for statistical purposes if released | ||
in a manner that prevents identification of any person. | ||
SECTION 9. The following provisions of the Health and | ||
Safety Code are repealed: | ||
(1) Section 12.033(d); | ||
(2) Section 81.041(f); and | ||
(3) Sections 81.082(d) and (e). | ||
SECTION 10. (a) In this section, "council" means the | ||
Preparedness Coordinating Council advisory committee established | ||
by the Health and Human Services Commission under Section 1001.035, | ||
Health and Safety Code, for the Department of State Health | ||
Services. | ||
(b) The council shall conduct a study on this state's | ||
response to the 2019 novel coronavirus disease. The council may | ||
collaborate with an institution of higher education in this state | ||
to conduct the study. | ||
(c) Not later than December 1, 2022, the council shall | ||
prepare and submit a written report to the governor, the lieutenant | ||
governor, the speaker of the house of representatives, and the | ||
members of the legislature on the results of the study conducted | ||
under Subsection (b) of this section. The report must include | ||
recommendations for legislative improvements for public health | ||
disaster and public health emergency response and preparedness. | ||
(d) This section expires September 1, 2023. | ||
SECTION 11. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2021. |