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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 83(R)

House Bill 1690

House Author:  Fletcher

Effective:  6-14-13

Senate Sponsor:  Nelson et al.


            House Bill 1690 amends the Health and Safety Code to authorize a peace officer to use reasonable force to secure the members of a group subject to an order to implement communicable disease control measures, property subject to quarantine under a court order, and a quarantine area and, except as directed by the Department of State Health Services or a health authority, to prevent individuals from joining, entering, or leaving the group, property, or quarantine area, as applicable. The bill provides for a peace officer's authority to prevent a person who is the subject of a protective custody order relating to the management of a communicable disease from leaving the facility designated to detain the person on a certain court finding, authorizes such an order and a related order for temporary detention to direct an emergency medical services provider to provide an ambulance and staff to immediately transport the person who is the subject of the order to an appropriate inpatient health facility, and authorizes the provider to seek reimbursement for the costs of the transport. The bill sets out the circumstances under which a judge is authorized to order that a person may appear for a hearing on a request for reexamination of an extended management order only by teleconference or another appropriate means. The bill makes it a Class A misdemeanor for a person who is subject to a protective custody order or temporary detention order relating to the management of a communicable disease to resist or evade apprehension by a sheriff, constable, or other peace officer enforcing the order or to resist or evade transport to an appropriate inpatient health care facility or other suitable facility under the order and makes it a Class A misdemeanor to assist such a person in resisting or evading that apprehension or transport.