87R30467 SCL-D
 
  By: Kolkhorst S.C.R. No. 59
 
 
 
CONCURRENT RESOLUTION
         WHEREAS, Senate Bill No. 968 has been adopted by the senate
  and the house of representatives and is being prepared for
  enrollment; and
         WHEREAS, The bill contains technical errors that should be
  corrected; now, therefore, be it
         RESOLVED by the 87th Legislature of the State of Texas, That
  the enrolling clerk of the senate be instructed to make the
  following corrections to the enrolled version of Senate Bill
  No. 968:
         (1)  In the SECTION of the bill amending the heading to
  Subtitle D, Title 2, Health and Safety Code, immediately after
  "DISASTERS", insert "AND EMERGENCIES".
         (2)  In the SECTION of the bill amending the heading to
  Chapter 81, Health and Safety Code, immediately after "DISASTERS",
  insert "; PUBLIC HEALTH EMERGENCIES".
         (3)  Strike the recital to the SECTION of the bill amending
  Section 81.003(7), Health and Safety Code, and substitute the
  following:
         SECTION ____.  Section 81.003, Health and Safety Code, is
  amended by amending Subdivision (7) and adding Subdivision (7-a) to
  read as follows:
         (4)  In the SECTION of the bill amending Section 81.003,
  Health and Safety Code, immediately after amended Section
  81.003(7), Health and Safety Code, insert the following:
               (7-a)  "Public health emergency" means a determination
  by the commissioner, evidenced in an emergency order issued by the
  commissioner, that there exists an immediate threat from a
  communicable disease, health condition, or chemical, biological,
  radiological, or electromagnetic exposure that:
                     (A)  potentially poses a risk of death or severe
  illness or harm to the public; and
                     (B)  potentially creates a substantial risk of
  harmful exposure to the public.
         (5)  In the SECTION of the bill adding Sections 81.0813,
  81.0814, and 81.0815, Health and Safety Code, in the heading to
  added Section 81.0813, Health and Safety Code, between "DISASTER"
  and the underlined period, insert "OR ORDER PUBLIC HEALTH
  EMERGENCY".
         (6)  In the SECTION of the bill adding Sections 81.0813,
  81.0814, and 81.0815, Health and Safety Code, in added Section
  81.0813(a), Health and Safety Code, in the first sentence of that
  subsection, between "disaster" and "if", insert "or order a
  statewide or regional public health emergency".
         (7)  In the SECTION of the bill adding Sections 81.0813,
  81.0814, and 81.0815, Health and Safety Code, in added Section
  81.0813, Health and Safety Code, strike Subsections (b), (c), (d),
  and (e) of that section and substitute the following:
         (b)  Except as provided by Subsection (c), a public health
  disaster or public health emergency continues until the governor or
  commissioner terminates the disaster or emergency on a finding
  that:
               (1)  the threat or danger has passed; or
               (2)  the disaster or emergency has been managed to the
  extent emergency conditions no longer exist.
         (c)  A public health disaster or public health emergency
  expires on the 30th day after the date the disaster or emergency is
  declared or ordered by the commissioner. A public health disaster
  may only be renewed by the legislature or by the commissioner with
  the approval of a designated legislative oversight board that has
  been granted authority under a statute enacted by the legislature
  to approve the renewal of a public health disaster declaration.  
  Each renewal period may not exceed 30 days.
         (d)  A declaration or order issued under this section must
  include:
               (1)  a description of the nature of the disaster or
  emergency;
               (2)  a designation of the area threatened by the
  disaster or emergency;
               (3)  a description of the condition that created the
  disaster or emergency; and
               (4)  if applicable:
                     (A)  the reason for renewing the disaster or
  emergency; or
                     (B)  the reason for terminating the disaster or
  emergency.
         (e)  A declaration or order issued under this section must be
  disseminated promptly by means intended to bring its contents to
  the public's attention. A statewide or regional declaration or
  order shall be filed promptly with the office of the governor and
  the secretary of state. A regional declaration or order shall be
  filed with the county clerk or municipal secretary in each area to
  which it applies, unless the circumstances attendant on the
  disaster or emergency prevent or impede the filing.
         (8)  In the SECTION of the bill adding Sections 81.0813,
  81.0814, and 81.0815, Health and Safety Code, in added Section
  81.0814, Health and Safety Code, between "disaster" and the
  underlined comma, insert "or ordering a public health emergency".
         (9)  Strike the SECTION of the bill repealing Sections
  81.082(d) and (e), Health and Safety Code, and substitute the
  following:
         SECTION ____.  Section 81.082(e), Health and Safety Code, is
  repealed.