| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to legislative oversight during a public health disaster, |
|
|
including the establishment of a legislative public health |
|
|
oversight board. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Subchapter E, Chapter 81, Health |
|
|
and Safety Code, is amended to read as follows: |
|
|
SUBCHAPTER E. CONTROL; PUBLIC HEALTH DISASTERS |
|
|
SECTION 2. Section 81.082, Health and Safety Code, is |
|
|
amended by amending Subsection (d) and adding Subsection (d-1) to |
|
|
read as follows: |
|
|
(d) A declaration of a public health disaster may continue |
|
|
for not more than 30 days. A public health disaster may be renewed: |
|
|
(1) one time by the commissioner for an additional 30 |
|
|
days; and |
|
|
(2) following the initial renewal, by the commissioner |
|
|
for an additional 30 days only if each subsequent renewal is |
|
|
approved by the legislative public health oversight board |
|
|
established under Section 81.0821. |
|
|
(d-1) Not later than the seventh day after the date the |
|
|
commissioner issues an initial declaration of a public health |
|
|
disaster, the commissioner shall consult with the chairs of the |
|
|
standing committees of the senate and house of representatives with |
|
|
primary jurisdiction over public health regarding the disaster. |
|
|
SECTION 3. Subchapter E, Chapter 81, Health and Safety |
|
|
Code, is amended by adding Section 81.0821 to read as follows: |
|
|
Sec. 81.0821. LEGISLATIVE PUBLIC HEALTH OVERSIGHT BOARD. |
|
|
(a) In this section, "board" means the legislative public health |
|
|
oversight board established under this section. |
|
|
(b) The legislative public health oversight board is |
|
|
established to provide oversight for declarations of public health |
|
|
disasters issued by the commissioner under this chapter and perform |
|
|
other duties required by law. |
|
|
(c) The board consists of the following members: |
|
|
(1) the lieutenant governor; |
|
|
(2) the speaker of the house of representatives; |
|
|
(3) the chair of the senate committee with primary |
|
|
jurisdiction over public health; |
|
|
(4) the chair of the house committee with primary |
|
|
jurisdiction over public health; |
|
|
(5) a member of the senate appointed by the lieutenant |
|
|
governor; and |
|
|
(6) a member of the house appointed by the speaker. |
|
|
(d) The lieutenant governor and the speaker of the house of |
|
|
representatives are joint chairs of the board. |
|
|
(e) A majority of the members of the board from each house of |
|
|
the legislature constitutes a quorum to transact business. If a |
|
|
quorum is present, the board by majority vote may act on any matter |
|
|
within the board's jurisdiction. |
|
|
(f) The board shall meet as often as necessary to perform |
|
|
the board's duties. Meetings may be held at any time at the request |
|
|
of either chair or on written petition of a majority of the board |
|
|
members from each house of the legislature. |
|
|
(g) The board shall meet in Austin, except that if a |
|
|
majority of the board members from each house of the legislature |
|
|
agree, the committee may meet in any location determined by the |
|
|
board. |
|
|
(h) As an exception to Chapter 551, Government Code, and |
|
|
other law, for a meeting in Austin at which both joint chairs of the |
|
|
board are physically present, any number of the other board members |
|
|
may attend the meeting by use of telephone conference call, video |
|
|
conference call, or other similar telecommunication device. This |
|
|
subsection applies for purposes of establishing a quorum or voting |
|
|
or any other purpose allowing the members to fully participate in |
|
|
any board meeting. This subsection applies without regard to the |
|
|
subject or topics considered by the members at the meeting. |
|
|
(i) A board meeting held by use of telephone conference |
|
|
call, video conference call, or other similar telecommunication |
|
|
device: |
|
|
(1) is subject to the notice requirements applicable |
|
|
to other meetings; |
|
|
(2) must specify in the notice of the meeting the |
|
|
location in Austin at which the joint chairs will be physically |
|
|
present; |
|
|
(3) must be open to the public and audible to the |
|
|
public at the location specified in the notice under Subdivision |
|
|
(2); and |
|
|
(4) must provide two-way audio communication between |
|
|
all board members attending the meeting during the entire meeting, |
|
|
and if the two-way audio communication link with any member |
|
|
attending the meeting is disrupted at any time, the meeting may not |
|
|
continue until the two-way audio communication link is |
|
|
reestablished. |
|
|
SECTION 4. As soon as practicable after the effective date |
|
|
of this Act, the lieutenant governor and the speaker of the house of |
|
|
representatives shall appoint the legislative members to the |
|
|
legislative public health oversight board as required by Section |
|
|
81.0821, Health and Safety Code, as added by this Act. |
|
|
SECTION 5. 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. |