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.