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A BILL TO BE ENTITLED
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AN ACT
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relating to the distribution of emergency health resources by the |
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state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 161, Health and Safety Code, Subchapter |
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A is amended by adding Section 161.0110 to read as follows: |
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Sec. 161.0110. PANDEMIC VACCINE DISTRIBUTION. (a) The |
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state shall proportionally distribute to designated providers in |
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each county in the state any vaccine or immunizing agent received or |
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manufactured for the purpose of responding to a pandemic, state |
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epidemic, or public health disaster under Section 81.003, Health |
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and Safety Code, based on: |
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(1) the county population size; |
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(2) the percentage of the county population currently |
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infected compared to the state population currently infected; and |
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(3) the percentage of the county population who has |
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died as a direct or in-direct result of the disease compared to the |
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total number of people in the state who have died as a direct or |
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in-direct result of the disease. |
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(b) If the state has a limited supply of vaccines or |
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immunizing agents for distribution or has received an additional |
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supply of vaccines or immunizing agents for distribution and has |
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given priority designation to specific professions or groups of |
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people to receive the vaccine or immunizing agent, the state shall |
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distribute the vaccines or immunizing agents proportionally based |
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on: |
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(1) the county population size; |
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(2) the percentage of the county population receiving |
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priority designation by the state compared to the total state |
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population receiving priority designation by the state; |
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(3) the percentage of the county population currently |
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infected compared to the state population currently infected; and |
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(4) the percentage of the county population who has |
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died as a direct or in-direct result of the disease compared to the |
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total number of people in the state who have died as a direct or |
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in-direct result of the disease. |
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(c) Sections (a-b) only apply to counties that are located |
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in an area with a declared disaster under Section 418.014, 418.108, |
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Government Code, as a result of a pandemic, state epidemic, or |
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public health disaster under Section 81.003, Health and Safety |
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Code,. |
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SECTION 2. Section 418.017, Government Code, is amended by |
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adding subsections (d-f) to read as follows: |
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Sec. 418.017 USE OF PUBLIC AND PRIVATE RESOURCES. (a) The |
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governor may use all available resources of state government and of |
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political subdivisions that are reasonably necessary to cope with a |
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disaster. |
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(b) The governor may temporarily reassign resources, |
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personnel, or functions of state executive departments and agencies |
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or their units for the purpose of performing or facilitating |
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emergency services. |
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(c) The governor may commandeer or use any private property |
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if the governor finds it necessary to cope with a disaster, subject |
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to the compensation requirements of this chapter. |
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(d) Any personal protective equipment, sanitation equipment |
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or any other public or private resource designated for responding |
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to a pandemic, state epidemic or public health disaster under |
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Section 81.003, Health and Safety Code, must be proportionately |
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distributed to each county based on: |
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(1) the county population size; |
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(2) the percentage of the county population currently |
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infected compared to the state population currently infected; and |
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(3) the percentage of the county population who has |
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died as a direct or in-direct result of the disease compared to the |
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total number of people in the state who have died as a direct or |
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in-direct result of the disease. |
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(e) If the state has a limited supply or an additional |
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supply of personal protective equipment, sanitation equipment or |
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any other public or private resource designated for responding to a |
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pandemic, state epidemic or public health disaster under Section |
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81.003, Health and Safety Code, and has given priority designation |
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to specific professions or groups of people to receive designated |
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resources, the state must proportionately distributed resources to |
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each county based on: |
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(1) the county population size; |
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(2) the percentage of the county population receiving |
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priority designation by the state compared to the total state |
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population receiving priority designation by the state; |
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(3) the percentage of the county population currently |
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infected compared to the state population currently infected; and |
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(4) the percentage of the county population who has |
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died as a direct or in-direct result of the disease compared to the |
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total number of people in the state who have died as a direct or |
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in-direct result of the disease. |
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(f) Sections (d-e) only apply to counties that are located |
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in an area with a declared disaster under Section 418.014, 418.108, |
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as a result of a pandemic, state epidemic, or health crisis. |
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Section 3. This act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |