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A BILL TO BE ENTITLED
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AN ACT
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relating to certain Department of State Health Services |
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procurements for communicable disease data collection and |
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investigations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.005, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 81.005. CONTRACTS. Subject to Section 81.0055, the |
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[The] department may enter into contracts or agreements with |
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persons as necessary to implement this chapter. The contracts or |
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agreements may provide for payment by the state for materials, |
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equipment, and services. |
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SECTION 2. Subchapter A, Chapter 81, Health and Safety |
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Code, is amended by adding Section 81.0055 to read as follows: |
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Sec. 81.0055. REQUIREMENTS FOR CERTAIN DATA COLLECTION |
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PROCUREMENTS. (a) This section applies only to a procurement or |
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the extension of an existing contract in which a private vendor |
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assists the department in case investigations and epidemiological |
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studies by collecting an individual's private or confidential data |
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protected under the Health Insurance Portability and |
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Accountability Act of 1996 (Pub. L. No. 104-191) through individual |
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contact tracing, including contact tracing conducted by a call |
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center. |
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(b) The department must submit a written request to the |
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Legislative Budget Board for approval of a procurement described by |
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Subsection (a) before requesting a bid, proposal, or comparable |
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solicitation for the proposed procurement. The department must |
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provide to board personnel and each member of the Legislative |
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Budget Board information on the proposed procurement, including: |
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(1) the purpose of the procurement; |
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(2) the need addressed by the procurement; |
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(3) a statement of any service to be performed under |
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the procurement; |
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(4) the proposed cost of the procurement; |
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(5) the data use and privacy agreement to which the |
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department and private vendor will adhere for the duration of the |
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investigation or study; and |
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(6) any other information required by the board. |
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(c) Not later than the seventh day after the date the |
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Legislative Budget Board receives the request and required |
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information from the department, board personnel shall: |
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(1) determine whether the proposed procurement |
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satisfies the minimum requirements established by this section; and |
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(2) issue written notice that the board approves the |
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request for the proposed procurement required under Subdivision |
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(1). |
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(d) The legislative budget board shall include the written |
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notice in Subsection (c)(2) in the contract database maintained by |
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the legislative budget board. |
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(e) A vendor selected for a contract under this section: |
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(1) is subject to Chapter 181, Health and Safety Code, |
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including being subject to enforcement action; |
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(2) shall not provide or sell access to any protected |
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health information data collected; and |
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(3) shall destroy all protected health information |
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collected upon the expiration of the contract. |
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SECTION 3. (a) As soon as practical after the effective |
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date of this Act, the Legislative Budget Board shall adopt any rules |
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and procedures necessary to implement the changes in law made by |
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this Act. |
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(b) Not later than December 1, 2022, the state auditor shall |
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audit each contract the Department of State Health Services entered |
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into for the conduct of individual contact tracing during the |
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disaster declared by the governor on March 13, 2020, or during an |
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extension of that declared disaster. |
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SECTION 4. (a) The legislature finds that any state |
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contract executed during, or during an extension of, the disaster |
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declared by the governor on March 13, 2020, by the Department of |
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State Health Services authorizing a person or entity to perform |
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individual contact tracing is no longer necessary to address public |
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health concerns. It is the intent of the legislature that the |
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department cancel any contract described by this subsection. |
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(b) The Department of State Health Services may not use any |
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money appropriated by this state to the department for state fiscal |
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years 2022 and 2023 to pay for a contract described by Subsection |
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(a) of this section. |
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SECTION 5. This Act takes effect September 1, 2021. |