BILL ANALYSIS


                                                        H.B. 1491
                                               By: Sadler (Nixon)
                                        Health and Human Services
                                                         05-17-95
                              Senate Committee Report (Unamended)
BACKGROUND

Section 81.051, Health and Safety Code, establishes the Texas
Department of Health partner notification program for persons with
HIV.  Current law requires an employee of the program to notify the
partner of a person with HIV only if the infected person
voluntarily discloses the partner's name.  The law also requires
the program to provide counseling, testing, and referral services. 
All of the information the program collects is confidential.

PURPOSE

As proposed, H.B. 1491 requires a health care professional, as part
of the partner notification program for persons with HIV, to notify
a partner of an individual who is infected with HIV regardless of
the consent of the individual with HIV.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 81.051, Health and Safety Code, by adding
Subsections (g) and (h), and relettering current Subsections (g)-(i), as follows:

     (g) Requires a partner notification program for individuals
     with HIV to be carried out as follows: requires a partner
     notification program to make the notification of a partner of
     a person with HIV infection in the manner authorized by this
     section regardless of whether the person with HIV infection
     who gave the partner's name consents to the notification, and
     a health care professional to notify the partner notification
     program when the health care professional knows the HIV+
     status of a patient and the health care professional has
     actual knowledge of the possible transmission of HIV to a
     third party.  Requires this notification to be carried out in
     the manner authorized in this section and Section 81.103.
     
     (h) Makes a health care professional who fails to make the
     notification under Subsection (g) immune from civil or
     criminal liability for failure to make that notification.
     
     (i)-(k) Redesignate existing Subsections (g)-(i).
     
     SECTION 2.     Emergency clause.
           Effective date: upon passage.