S.B. No. 90
                                        AN ACT
    1-1  relating to the access to information for epidemiologic and
    1-2  toxicologic investigations by the Texas Department of Health.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter C, Chapter 161, Health and Safety
    1-5  Code, is amended by adding Sections 161.0211, 161.0212, and
    1-6  161.0213 to read as follows:
    1-7        Sec. 161.0211.  EPIDEMIOLOGIC OR TOXICOLOGIC INVESTIGATIONS.
    1-8  (a)  Under its duty to protect the public health, the department
    1-9  shall conduct epidemiologic or toxicologic investigations of human
   1-10  illnesses or conditions and of environmental exposures that are
   1-11  harmful or believed to be harmful to the public health.
   1-12        (b)  The department may conduct those investigations to
   1-13  determine the nature and extent of the disease or environmental
   1-14  exposure believed to be harmful to the public health.  Any findings
   1-15  or determinations from such investigations that relate to
   1-16  environmental exposures believed to be harmful to the public shall
   1-17  be reported in writing to the Texas Natural Resource Conservation
   1-18  Commission and the two agencies shall coordinate corrective
   1-19  measures as appropriate.  The department shall use generally
   1-20  accepted methods of epidemiology or toxicology in the conduct of an
   1-21  investigation.
   1-22        (c)  A person shall provide medical, demographic,
   1-23  epidemiologic, toxicologic, or environmental information to the
   1-24  department as described by Section 81.061(c).
    2-1        (d)  A person is not liable for damages or other relief for
    2-2  providing medical or other confidential information to the
    2-3  department during an epidemiologic or toxicologic investigation.
    2-4        Sec. 161.0212.  RIGHT OF ENTRY.  To conduct an epidemiologic
    2-5  or toxicologic investigation, the commissioner or the
    2-6  commissioner's designee has the same authority to investigate,
    2-7  sample, inspect, and enter as that described by Sections 81.061,
    2-8  81.063, 81.064, and 81.065.
    2-9        Sec. 161.0213.  CONFIDENTIALITY.  Reports, records, and
   2-10  information furnished to the commissioner or the commissioner's
   2-11  designee or the Texas Natural Resource Conservation Commission that
   2-12  relate to an epidemiologic or toxicologic investigation of human
   2-13  illnesses or conditions and of environmental exposures that are
   2-14  harmful or believed to be harmful to the public health are not
   2-15  public information under the open records law, Chapter 424, Acts of
   2-16  the 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
   2-17  Vernon's Texas Civil Statutes), and are subject to the same
   2-18  confidentiality requirements as described by Section 81.046.
   2-19        SECTION 2.  This Act takes effect September 1, 1993.
   2-20        SECTION 3.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended.