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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the electronic transmission of certain |
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communications related to the prevention of communicable diseases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 81, Health and Safety |
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Code, is amended by adding Section 81.016 to read as follows: |
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Sec. 81.016. E-MAIL DELIVERY. (a) Except as provided by |
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Subsection (b), any documents required to be delivered in person or |
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sent by registered or certified mail under this chapter may be sent |
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by e-mail with a read receipt requested. |
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(b) To electronically issue a control measure order under |
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this chapter, the department or a health authority, as applicable, |
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must obtain the consent of the individual to whom the order is |
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issued. |
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SECTION 2. Sections 81.083(c) and (l), Health and Safety |
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Code, are amended to read as follows: |
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(c) An order under this section must be in writing and be |
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delivered personally, [or] by registered or certified mail, or by |
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e-mail with a read receipt requested to the individual or to the |
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individual's parent, legal guardian, or managing conservator if the |
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individual is a minor. |
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(l) An order under Subsection (k) must be in writing and be |
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delivered personally, [or] by registered or certified mail, or by |
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e-mail with a read receipt requested to each member of the group, |
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or the member's parent, legal guardian, or managing conservator if |
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the member is a minor. If the name, address, and county of |
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residence of any member of the group is unknown at the time the |
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order is issued, the department or health authority must publish |
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notice in a newspaper of general circulation in the county that |
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includes the area of the suspected exposure and any other county in |
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which the department or health authority suspects a member of the |
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group resides. The notice must contain the following information: |
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(1) that the department or health authority has |
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reasonable cause to believe that a group of individuals is ill with, |
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has been exposed to, or is the carrier of a communicable disease; |
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(2) the suspected time and place of exposure to the |
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disease; |
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(3) a copy of any orders under Subsection (k); |
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(4) instructions to an individual to provide the |
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individual's name, address, and county of residence to the |
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department or health authority if the individual knows or |
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reasonably suspects that the individual was at the place of the |
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suspected exposure at the time of the suspected exposure; |
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(5) that the department or health authority may |
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request that an application for court orders under Subchapter G be |
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filed for the group, if applicable; and |
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(6) that a criminal penalty applies to an individual |
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who: |
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(A) is a member of the group; and |
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(B) knowingly refuses to perform or allow the |
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performance of the control measures in the order. |
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SECTION 3. Section 81.084(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The department or health authority shall send notice of |
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its action by registered or certified mail, [or] by personal |
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delivery, or by e-mail with a read receipt requested to the person |
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who owns or controls the property. If the property is land or a |
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structure or an animal or other property on the land, the department |
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or health authority shall also post the notice on the land and at a |
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place convenient to the public in the county courthouse. If the |
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property is infected or contaminated as a result of a public health |
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disaster, the department or health authority is not required to |
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provide notice under this subsection. |
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SECTION 4. Section 81.155(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A copy of the application and the written notice shall |
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be delivered in person, [or] sent by certified mail, or sent by |
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e-mail with a read receipt requested to: |
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(1) the person's parent, if the person is a minor; |
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(2) the person's appointed guardian, if the person is |
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the subject of a guardianship; or |
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(3) each managing and possessory conservator, that has |
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been appointed for the person. |
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SECTION 5. Subchapter G, Chapter 81, Health and Safety |
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Code, is amended by adding Section 81.213 to read as follows: |
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Sec. 81.213. ELECTRONIC OR FAXED SIGNATURE. For the |
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purposes of this subchapter, an electronic signature, as defined by |
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Section 166.002, or a faxed signature shall have the same force and |
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effect as the use of a manual signature. |
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SECTION 6. This Act takes effect September 1, 2021. |
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