By Moncrief S.B. No. 1340
74R3772 KLL-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the management of persons with communicable diseases
1-3 and to laboratory tests of mycobacteria.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 81, Health and Safety Code,
1-6 is amended by adding Section 81.095 to read as follows:
1-7 Sec. 81.095. REQUIRED LABORATORY TESTING OF MYCOBACTERIA. A
1-8 laboratory that cultures mycobacteria shall perform tests to
1-9 identify Mycobacterium tuberculosis complex and perform drug
1-10 susceptibility studies on-site in accordance with rules adopted by
1-11 the board.
1-12 SECTION 2. Sections 81.151(a) and (d), Health and Safety
1-13 Code, are amended to read as follows:
1-14 (a) At the request of the health authority <or the
1-15 department>, a municipal, county, or district attorney shall <may>
1-16 file a sworn written application for a court order for the
1-17 management of a person with a communicable disease. At the request
1-18 of the department, the attorney general shall file a sworn written
1-19 application for a court order for the management of a person with a
1-20 communicable disease.
1-21 (d) A copy of written orders made under Section 81.083 and a
1-22 medical evaluation must be filed with the application, except that
1-23 a copy of the written orders need not be filed with an application
1-24 for outpatient treatment.
2-1 SECTION 3. Section 81.152(c), Health and Safety Code, is
2-2 amended to read as follows:
2-3 (c) Any application must contain the following information
2-4 according to the applicant's information and belief:
2-5 (1) the person's name and address;
2-6 (2) the person's county of residence in this state;
2-7 (3) a statement that the person is infected with or is
2-8 reasonably suspected of being infected with a communicable disease
2-9 that presents a threat to public health and that the person meets
2-10 the criteria of this chapter for court orders for the management of
2-11 a person with a communicable disease; and
2-12 (4) a statement, to be included only in an application
2-13 for inpatient treatment, that the person fails or refuses to comply
2-14 with written orders of the department or health authority under
2-15 Section 81.083.
2-16 SECTION 4. Sections 81.154(a) and (c), Health and Safety
2-17 Code, are amended to read as follows:
2-18 (a) The judge or a magistrate designated under this chapter
2-19 shall set a date for a hearing to be held within 14 days after the
2-20 date on which the application is served on the person <filed>.
2-21 (c) The court may grant one or more continuances of the
2-22 hearing on the motion by a party and for good cause shown or on
2-23 agreement of the parties. However, the hearing shall be held not
2-24 later than the 30th day after the date on which the original
2-25 application is served on the person <filed>.
2-26 SECTION 5. Section 81.157, Health and Safety Code, is
2-27 amended to read as follows:
3-1 Sec. 81.157. District Court Jurisdiction. (a) A proceeding
3-2 under this chapter must be held in a district court of the county
3-3 in which the person is found, resides, or is receiving
3-4 court-ordered health services.
3-5 (b) If a person subject to an order for temporary management
3-6 is receiving services in a county other than the county in which
3-7 the court that entered the temporary order is located and requires
3-8 extended management, the county in which the temporary order was
3-9 issued shall pay the expenses of transporting the person back to
3-10 the county for the hearing unless the court that entered the
3-11 temporary order arranges with the appropriate court in the county
3-12 in which the person is receiving services to hold the hearing on
3-13 the application for extended order before the temporary order
3-14 expires.
3-15 SECTION 6. Section 81.159, Health and Safety Code, is
3-16 amended to read as follows:
3-17 Sec. 81.159. DESIGNATION OF FACILITY <RECOMMENDATION FOR
3-18 TREATMENT>. (a) The commissioner shall designate health care
3-19 facilities throughout the state that are capable of providing
3-20 services for the examination, observation, isolation, or treatment
3-21 of persons having or suspected of having a communicable disease.
3-22 However, the commissioner may not designate a nursing home or
3-23 custodial care home required to be licensed under Chapter 242.
3-24 (b) The health authority shall select a designated facility
3-25 in the county in which the application is filed. If no facility is
3-26 designated in the county, the commissioner shall select the
3-27 facility.
4-1 (c) <The court shall direct the facility to file, before the
4-2 date set for the hearing, a recommendation for the person's
4-3 treatment.>
4-4 <(d) The hearing on an application may not be held before
4-5 the recommendation for treatment is filed unless the court
4-6 determines that an emergency exists.>
4-7 <(e)> This section does not relieve a county of its
4-8 responsibility under other provisions of this chapter or applicable
4-9 law for providing health care services.
4-10 (d) <(f)> A designated facility must comply with this
4-11 section only to the extent that the commissioner determines that
4-12 the facility has sufficient resources to perform the necessary
4-13 services.
4-14 (e) <(g)> This section does not apply to a person for whom
4-15 treatment in a private health facility is proposed.
4-16 SECTION 7. Section 81.161(b), Health and Safety Code, is
4-17 amended to read as follows:
4-18 (b) The motion may be filed by the municipal, county, or
4-19 district attorney on behalf of the <department or> health
4-20 authority. The motion shall be filed by the attorney general at
4-21 the request of the department.
4-22 SECTION 8. Section 81.167(c), Health and Safety Code, is
4-23 amended to read as follows:
4-24 (c) A person under a protective custody order may not be
4-25 detained in a nonmedical facility used to detain persons who are
4-26 charged with or convicted of a crime unless the facility has
4-27 respiratory isolation capability for airborne communicable diseases
5-1 <an extreme emergency exists> and in no case for longer than 72
5-2 hours, excluding Saturdays, Sundays, legal holidays, and the period
5-3 prescribed by Section 81.165(b) for an extreme weather emergency.
5-4 The person must be isolated from any person who is charged with or
5-5 convicted of a crime.
5-6 SECTION 9. Section 81.170(f), Health and Safety Code, is
5-7 amended to read as follows:
5-8 (f) The jury shall determine if the person is infected with
5-9 or is reasonably suspected of being infected with a communicable
5-10 disease that presents a threat to the public health and, if the
5-11 application is for inpatient treatment, has refused or failed to
5-12 follow the orders of the health authority. The jury may not make a
5-13 finding about the type of services to be provided to the person.
5-14 SECTION 10. Section 81.171(a), Health and Safety Code, is
5-15 amended to read as follows:
5-16 (a) The court shall enter an order denying an application
5-17 for a court order for temporary or extended management if after a
5-18 hearing the judge or jury fails to find, from clear and convincing
5-19 evidence, that the person:
5-20 (1) is infected with or is reasonably suspected of
5-21 being infected with a communicable disease that presents a threat
5-22 to the public health;
5-23 (2) <,> has refused or failed to follow the orders of
5-24 the health authority if the application is for inpatient treatment;
5-25 and
5-26 (3) <, and> meets the applicable criteria for orders
5-27 for the management of a person with a communicable disease.
6-1 SECTION 11. Section 81.172, Health and Safety Code, is
6-2 amended by amending Subsection (a) and adding Subsection (e) to
6-3 read as follows:
6-4 (a) The judge or jury may determine that a person requires
6-5 court-ordered examination, observation, isolation, or treatment
6-6 only if the judge or jury finds, from clear and convincing
6-7 evidence, that:
6-8 (1) the person is infected with or is reasonably
6-9 suspected of being infected with a communicable disease that
6-10 presents a threat to the public health and, if the application is
6-11 for inpatient treatment, has failed or refused to follow the orders
6-12 of the health authority or department; and
6-13 (2) as a result of the communicable disease the
6-14 person:
6-15 (A) is likely to cause serious harm to himself;
6-16 or
6-17 (B) will, if not examined, observed, isolated,
6-18 or treated, continue to endanger public health.
6-19 (e) The department, with the cooperation of the head of the
6-20 facility, shall submit to the court a general program of treatment
6-21 to be provided. The program must be submitted not later than the
6-22 14th day after the date the order is issued and must be
6-23 incorporated into the court order.
6-24 SECTION 12. Section 81.173, Health and Safety Code, is
6-25 amended by amending Subsection (a) and adding Subsection (e) to
6-26 read as follows:
6-27 (a) The jury, or the judge if the right to a jury is waived,
7-1 may determine that a proposed patient requires court-ordered
7-2 examination, observation, isolation, or treatment only if the jury
7-3 or judge finds, from clear and convincing evidence, that:
7-4 (1) the person is infected with a communicable disease
7-5 that presents a threat to the public health and, if the application
7-6 is for inpatient treatment, has failed to follow the orders of the
7-7 health authority or department;
7-8 (2) as a result of that communicable disease the
7-9 person:
7-10 (A) is likely to cause serious harm to himself;
7-11 or
7-12 (B) will, if not examined, observed, isolated,
7-13 or treated, continue to endanger public health; and
7-14 (3) the person's condition is expected to continue for
7-15 more than 90 days.
7-16 (e) The department, with the cooperation of the head of the
7-17 facility, shall submit to the court a general program of treatment
7-18 to be provided. The program must be submitted not later than the
7-19 14th day after the date the order is issued and must be
7-20 incorporated into the court order.
7-21 SECTION 13. Section 81.174(a), Health and Safety Code, is
7-22 amended to read as follows:
7-23 (a) The judge shall dismiss the jury, if any, after a
7-24 hearing in which a person is found:
7-25 (1) to be infected with or reasonably suspected of
7-26 being infected with a communicable disease;
7-27 (2) <,> to have failed or refused to follow the orders
8-1 of a health authority or the department if the application is for
8-2 inpatient treatment;<,> and
8-3 (3) to meet the criteria for orders for the management
8-4 of a patient with a communicable disease.
8-5 SECTION 14. Section 81.179(a), Health and Safety Code, is
8-6 amended to read as follows:
8-7 (a) The court shall order <may authorize> the sheriff or
8-8 constable to transport the person to the designated health care
8-9 facility.
8-10 SECTION 15. Section 81.182(a), Health and Safety Code, is
8-11 amended to read as follows:
8-12 (a) At the request of the <The> health authority, a
8-13 municipal, county, or district attorney, as appropriate, shall
8-14 <department, or head of a facility to which a person is committed
8-15 for inpatient health services may> request the court that entered
8-16 the commitment order to modify the order to provide for outpatient
8-17 care. At the request of the department, the attorney general shall
8-18 request the court that entered the commitment order to modify the
8-19 order to provide for outpatient care.
8-20 SECTION 16. Section 81.183(a), Health and Safety Code, is
8-21 amended to read as follows:
8-22 (a) The court that entered an order directing a person to
8-23 participate in outpatient health services may set a hearing to
8-24 determine if the order should be modified in a way that is a
8-25 substantial deviation from the original program of treatment
8-26 incorporated in the court's order. The court may set the hearing
8-27 on its own motion, on the motion of a municipal, county, or
9-1 district attorney at the request of the health authority, on the
9-2 motion of the attorney general at the request of the <or>
9-3 department, or at the request of any other interested person.
9-4 SECTION 17. Section 81.184(a), Health and Safety Code, is
9-5 amended to read as follows:
9-6 (a) At the request of the <The> health authority, a
9-7 municipal, county, or district attorney, as appropriate, shall
9-8 <department, or head of an outpatient facility in which the person
9-9 receives treatment may> file a sworn application for the person's
9-10 temporary detention pending a modification hearing under Section
9-11 81.183. At the request of the department, the attorney general
9-12 shall file a sworn application for the person's temporary detention
9-13 pending a modification hearing under Section 81.183.
9-14 SECTION 18. Section 81.187(a), Health and Safety Code, is
9-15 amended to read as follows:
9-16 (a) A municipal, county, or district attorney, as
9-17 appropriate, at the request of the health authority, shall <or
9-18 department, may> file an application to renew an order for extended
9-19 management. At the request of the department, the attorney general
9-20 shall file an application to renew an order for extended
9-21 management.
9-22 SECTION 19. Subchapter G, Chapter 81, Health and Safety
9-23 Code, is amended by adding Section 81.210 to read as follows:
9-24 Sec. 81.210. COSTS. (a) A county shall pay the costs for a
9-25 hearing or proceeding under this subchapter if a health authority:
9-26 (1) initiates an application for a court order under
9-27 Section 81.151; or
10-1 (2) has an application for court-ordered management
10-2 transferred to it under Section 81.157.
10-3 (b) Costs under this section include:
10-4 (1) attorney's fees;
10-5 (2) physician examination fees;
10-6 (3) compensation for court-ordered personal services;
10-7 (4) security; and
10-8 (5) expenses of transportation to a designated
10-9 facility.
10-10 (c) A county is entitled to reimbursement for costs actually
10-11 paid by the county from:
10-12 (1) the person who is the subject of the application;
10-13 or
10-14 (2) a person or estate liable for the person's
10-15 support.
10-16 (d) The department shall pay the costs of returning a person
10-17 absent without authorization unless the person is able to pay the
10-18 costs.
10-19 SECTION 20. This Act applies to an application for a court
10-20 order for the management of a person with a communicable disease
10-21 filed on or after the effective date of this Act.
10-22 SECTION 21. The importance of this legislation and the
10-23 crowded condition of the calendars in both houses create an
10-24 emergency and an imperative public necessity that the
10-25 constitutional rule requiring bills to be read on three several
10-26 days in each house be suspended, and this rule is hereby suspended,
10-27 and that this Act take effect and be in force from and after its
11-1 passage, and it is so enacted.