H.B. No. 1491
    1-1                                AN ACT
    1-2  relating to partner notification programs for persons with human
    1-3  immunodeficiency virus infection.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 81.051, Health and Safety Code, is
    1-6  amended by adding new Subsections (g) and (h) and relettering
    1-7  current Subsections (g)-(i) to read as follows:
    1-8        (g)  A partner notification program shall be carried out as
    1-9  follows:
   1-10              (1)  a partner notification program shall make the
   1-11  notification of a partner of a person with HIV infection in the
   1-12  manner authorized by this section regardless of whether the person
   1-13  with HIV infection who gave the partner's name consents to the
   1-14  notification; and
   1-15              (2)  a health care professional shall notify the
   1-16  partner notification program when the health care professional
   1-17  knows the HIV+ status of a patient and the health care professional
   1-18  has actual knowledge of possible transmission of HIV to a third
   1-19  party.  Such notification shall be carried out in the manner
   1-20  authorized in this section and Section 81.103.
   1-21        (h)  A health care professional who fails to make the
   1-22  notification required by Subsection (g) is immune from civil or
   1-23  criminal liability for failure to make that notification.
   1-24        (i) <(g)>  A partner notification program shall provide
    2-1  counseling, testing, or referral services to a person with HIV
    2-2  infection regardless of whether the person discloses the names of
    2-3  any partners.
    2-4        (j) <(h)>  A partner notification program shall routinely
    2-5  evaluate the performance of counselors and other program personnel
    2-6  to ensure that high quality services are being delivered.  A
    2-7  program shall adopt quality assurance and training guidelines
    2-8  according to recommendations of the Centers for Disease Control of
    2-9  the United States Public Health Service for professionals
   2-10  participating in the program.
   2-11        (k) <(i)>  In this section, "HIV" has the meaning assigned by
   2-12  Section 81.101.
   2-13        SECTION 2.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended,
   2-18  and that this Act take effect and be in force from and after its
   2-19  passage, and it is so enacted.