| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to powers and duties of governmental entities during a |
|
|
public health disaster; providing civil penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter E, Chapter 418, Government Code, is |
|
|
amended by adding Sections 418.1012 and 418.1013 to read as |
|
|
follows: |
|
|
Sec. 418.1012. DEFINITION. Notwithstanding Section |
|
|
418.004, in this subchapter, the term "disaster" does not include |
|
|
an epidemic or the spread of a communicable disease. |
|
|
Sec. 418.1013. APPLICABILITY OF SUBCHAPTER. This |
|
|
subchapter does not apply to a public health disaster as defined by |
|
|
Section 81.003, Health and Safety Code. |
|
|
SECTION 2. Section 81.083(l), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(l) An order under Subsection (k) must be in writing and be |
|
|
delivered personally or by registered or certified mail to each |
|
|
member of the group, or the member's parent, legal guardian, or |
|
|
managing conservator if the member is a minor. If the name, |
|
|
address, and county of residence of any member of the group is |
|
|
unknown at the time the order is issued, the department or health |
|
|
authority must publish notice in a newspaper of general circulation |
|
|
in the county that includes the area of the suspected exposure and |
|
|
any other county in which the department or health authority |
|
|
suspects a member of the group resides. The notice must contain the |
|
|
following information: |
|
|
(1) that the department or health authority has |
|
|
reasonable cause to believe that a group of individuals is ill with, |
|
|
has been exposed to, or is the carrier of a communicable disease; |
|
|
(2) the suspected time and place of exposure to the |
|
|
disease; |
|
|
(3) a copy of any orders under Subsection (k); |
|
|
(4) instructions to an individual to provide the |
|
|
individual's name, address, and county of residence to the |
|
|
department or health authority if the individual knows or |
|
|
reasonably suspects that the individual was at the place of the |
|
|
suspected exposure at the time of the suspected exposure; |
|
|
(5) that the department or health authority may |
|
|
request that an application for court orders under Subchapter G be |
|
|
filed for the group, if applicable; and |
|
|
(6) that a civil [criminal] penalty applies to an |
|
|
individual who: |
|
|
(A) is a member of the group; and |
|
|
(B) knowingly refuses to perform or allow the |
|
|
performance of the control measures in the order. |
|
|
SECTION 3. The heading to Section 81.085, Health and Safety |
|
|
Code, is amended to read as follows: |
|
|
Sec. 81.085. AREA QUARANTINE; CIVIL [CRIMINAL] PENALTY. |
|
|
SECTION 4. Section 81.085(h), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(h) A person is liable to this state for a civil penalty of |
|
|
not more than $500 [commits an offense] if the person knowingly |
|
|
fails or refuses to obey a rule, order, or instruction of the |
|
|
department or an order or instruction of a health authority issued |
|
|
under a department rule and published during an area quarantine |
|
|
under this section. On request of the department or a health |
|
|
authority, the attorney general or the district or county attorney |
|
|
for the county in which the violation occurs may: |
|
|
(1) sue to collect the civil penalty; and |
|
|
(2) recover reasonable investigation costs, |
|
|
attorney's fees, and witness and deposition fees incurred by the |
|
|
attorney general, district or county attorney, department, or |
|
|
health authority, as applicable, in the civil action [An offense |
|
|
under this subsection is a felony of the third degree]. |
|
|
SECTION 5. Sections 81.087, 81.088, and 81.089, Health and |
|
|
Safety Code, are amended to read as follows: |
|
|
Sec. 81.087. VIOLATION OF CONTROL MEASURE ORDERS; CIVIL |
|
|
[CRIMINAL] PENALTY. (a) A person is liable to this state for a |
|
|
civil penalty of not more than $500 [commits an offense] if the |
|
|
person knowingly refuses to perform or allow the performance of |
|
|
certain control measures ordered by the department or a health |
|
|
authority [or the department] under Sections 81.083-81.086. |
|
|
(b) On request of the department or a health authority, the |
|
|
attorney general or the district or county attorney for the county |
|
|
in which the violation occurs may: |
|
|
(1) sue to collect the civil penalty; and |
|
|
(2) recover reasonable investigation costs, |
|
|
attorney's fees, and witness and deposition fees incurred by the |
|
|
attorney general, district or county attorney, department, or |
|
|
health authority, as applicable, in the civil action [An offense |
|
|
under this section is a Class B misdemeanor]. |
|
|
Sec. 81.088. REMOVAL, ALTERATION, OR DESTRUCTION OF |
|
|
QUARANTINE DEVICES; CIVIL [CRIMINAL] PENALTY. (a) A person is |
|
|
liable to this state for a civil penalty of not more than $500 |
|
|
[commits an offense] if the person knowingly or intentionally: |
|
|
(1) removes, alters, or attempts to remove or alter an |
|
|
object the person knows is a quarantine device, notice, or security |
|
|
item in a manner that diminishes the effectiveness of the device, |
|
|
notice, or item; or |
|
|
(2) destroys an object the person knows is a |
|
|
quarantine device, notice, or security item. |
|
|
(b) On request of the department or a health authority, the |
|
|
attorney general or the district or county attorney for the county |
|
|
in which the violation occurs may: |
|
|
(1) sue to collect the civil penalty; and |
|
|
(2) recover reasonable investigation costs, |
|
|
attorney's fees, and witness and deposition fees incurred by the |
|
|
attorney general, district or county attorney, department, or |
|
|
health authority, as applicable, in the civil action [An offense |
|
|
under this section is a Class B misdemeanor]. |
|
|
Sec. 81.089. TRANSPORTATION; CIVIL [CRIMINAL] PENALTY. (a) |
|
|
A person is liable to this state for a civil penalty of not more than |
|
|
$500 [commits an offense] if, before notifying the department or |
|
|
health authority at a port of entry or a place of first landing or |
|
|
first arrival in this state, the person knowingly or intentionally: |
|
|
(1) transports or causes to be transported into this |
|
|
state an object the person knows or suspects may be infected or |
|
|
contaminated with a communicable disease that is a threat to the |
|
|
public health; |
|
|
(2) transports or causes to be transported into this |
|
|
state an individual who the person knows has or is the carrier of a |
|
|
communicable disease that is a threat to the public health; or |
|
|
(3) transports or causes to be transported into this |
|
|
state a person, animal, or object in a private or common carrier or |
|
|
a private conveyance that the person knows is or suspects may be |
|
|
infected or contaminated with a communicable disease that is a |
|
|
threat to the public health. |
|
|
(b) On request of the department or a health authority, the |
|
|
attorney general or the district or county attorney for the county |
|
|
in which the violation occurs may: |
|
|
(1) sue to collect the civil penalty; and |
|
|
(2) recover reasonable investigation costs, |
|
|
attorney's fees, and witness and deposition fees incurred by the |
|
|
attorney general, district or county attorney, department, or |
|
|
health authority, as applicable, in the civil action [An offense |
|
|
under this section is a Class A misdemeanor, except that if the |
|
|
person acts with the intent to harm or defraud another, the offense |
|
|
is a felony of the third degree]. |
|
|
SECTION 6. The changes in law made by this Act apply only to |
|
|
a violation of law that occurs on or after the effective date of |
|
|
this Act. A violation of law that occurs before the effective date |
|
|
of this Act is governed by the law as it existed on the date the |
|
|
violation occurred, and the former law is continued in effect for |
|
|
that purpose. For purposes of this section, a violation of law |
|
|
occurred before the effective date of this Act if any element of the |
|
|
violation occurred before that date. |
|
|
SECTION 7. This Act takes effect September 1, 2021. |