1-1 By: Truan, et al. S.B. No. 90
1-2 (In the Senate - Filed January 8, 1993; January 14, 1993,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; February 23, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 8, Nays 0;
1-6 February 23, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 COMMITTEE SUBSTITUTE FOR S.B. No. 90 By: Truan
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the access to information for epidemiologic and
1-22 toxicologic investigations by the Texas Department of Health.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Subchapter C, Chapter 161, Health and Safety
1-25 Code, is amended by adding Sections 161.0211, 161.0212, and
1-26 161.0213 to read as follows:
1-27 Sec. 161.0211. EPIDEMIOLOGIC OR TOXICOLOGIC INVESTIGATIONS.
1-28 (a) Under its duty to protect the public health, the department
1-29 shall conduct epidemiologic or toxicologic investigations of human
1-30 illnesses or conditions and of environmental exposures that are
1-31 harmful or believed to be harmful to the public health.
1-32 (b) The department may conduct those investigations to
1-33 determine the nature and extent of the disease or environmental
1-34 exposure believed to be harmful and to formulate and evaluate
1-35 control measures to protect the public health.
1-36 (c) A person shall provide medical, demographic,
1-37 epidemiologic, toxicologic, or environmental information to the
1-38 department as described by Section 81.061(c).
1-39 (d) A person is not liable for damages or other relief for
1-40 providing medical or other confidential information to the
1-41 department during an epidemiologic or toxicologic investigation.
1-42 Sec. 161.0212. RIGHT OF ENTRY. To conduct an epidemiologic
1-43 or toxicologic investigation, the commissioner or the
1-44 commissioner's designee has the same authority to investigate,
1-45 sample, inspect, and enter as that described by Sections 81.061,
1-46 81.063, 81.064, and 81.065.
1-47 Sec. 161.0213. CONFIDENTIALITY. Reports, records, and
1-48 information furnished to the commissioner or the commissioner's
1-49 designee that relate to an epidemiologic or toxicologic
1-50 investigation are subject to the same confidentiality requirements
1-51 as described by Section 81.046.
1-52 SECTION 2. This Act takes effect September 1, 1993.
1-53 SECTION 3. The importance of this legislation and the
1-54 crowded condition of the calendars in both houses create an
1-55 emergency and an imperative public necessity that the
1-56 constitutional rule requiring bills to be read on three several
1-57 days in each house be suspended, and this rule is hereby suspended.
1-58 * * * * *
1-59 Austin,
1-60 Texas
1-61 February 23,
1-62 1993
1-63 Hon. Bob Bullock
1-64 President of the Senate
1-65 Sir:
1-66 We, your Committee on Health and Human Services to which was
1-67 referred S.B. No. 90, have had the same under consideration, and I
1-68 am instructed to report it back to the Senate with the
2-1 recommendation that it do not pass, but that the Committee
2-2 Substitute adopted in lieu thereof do pass and be printed.
2-3 Zaffirini,
2-4 Chair
2-5 * * * * *
2-6 WITNESSES
2-7 FOR AGAINST ON
2-8 ___________________________________________________________________
2-9 Name: David Smith, M.D. x
2-10 Representing: Dept. of Health,
2-11 Commissioner
2-12 City: Austin, Texas
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2-14 Name: Dennis Perrotta x
2-15 Representing: Dept. of Health
2-16 City: Austin, TX
2-17 -------------------------------------------------------------------
2-18 Name: Joe Rubio x
2-19 Representing: National March of Dimes
2-20 City: White Plains, NY
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2-22 Name: Leslie Lanham x
2-23 Representing: Children's Defense Fund
2-24 City: Austin, Texas
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2-26 Name: Leah Tunnell x
2-27 Representing: Texas General Land Office
2-28 City: Austin, Texas
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2-30 Name: Leo Vela, M.D. x
2-31 Representing: Dept. of Health
2-32 City: Harlingen, Texas
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